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2003 (2) TMI 49 - HC - Income TaxAvailability of benefit of Amnesty scheme - There was no material to show detection of concealment of the income by the income-tax authority before October 9, 1986, or earlier. Even the documents were also not before the income-tax authority. Neither those were scrutinized nor there was any investigation. The disclosure was made prior to the detection. Any disclosure made within the stipulated time before detection would be a voluntary disclosure once it is so claimed by the assessee while disclosing the income. - the benefit of Amnesty scheme was not available to the assessee – Further, A finding in the quantum proceeding would not be binding in the penalty proceeding with regard to the availability of the amnesty, since the penalty proceeding is an independent one and the issues involved therein could not have been involved in the quantum proceeding.
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