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2016 (9) TMI 1303 - HC - Income TaxDivision of the appellant’s income included in the assessment - survey under Section 133A - revenue urges that the decision in CIT vs. MAK Data Pvt. Ltd.(2013 (1) TMI 574 - DELHI HIGH COURT) was overlooked - Held that:- During the course of hearing, the revenue had relied on MAK Data vs. CIT(2013 (11) TMI 14 - SUPREME COURT) . In that case the survey was of the assessee’s sister concern. During its course several documents which had been undisclosed by that concern were found and recovered. During the course of assessment proceedings, when the assessee was questioned about those documents it offered to surrender substantial income on the basis of which penalty proceedings were drawn. The entire focus of discussion was on whether the penalty was correctly levied and the court held that it was. We are of the opinion that the rulings of this court relied upon by the tribunal in Ravindra Kumar Jain’s case (2009 (7) TMI 911 - ITAT DELHI) was appropriate. There is nothing to show any material supportive of the statement made in the course of survey proceedings was found or collected.
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