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2014 (12) TMI 840 - HC - Income TaxValidity of notice u/s 158BC r.w Section 158BD – Direction made to assessee to file the correct return of the total income including the undisclosed income - Assessee contended that he and his minor children filed declaration under the Voluntary Disclosure of Income Scheme with regard to silver coins, silver utensils, gold sovereign and cash in his individual capacity and paid various sums of money as tax - Held that:- The assertions has been made for the first time at the stage of hearing of the petition - Such assertions has not been made anywhere in the pleadings – assessee has admitted that the search and seizure operation was conducted at the premises of Bishan Chand Mukesh Kumar as well as in the supplementary affidavit dated 28.7.2008. Such assertions can only be considered, if it is brought on record by means of an amendment application, but, the assessee insisted in arguing the matter without bringing such facts on record -The original record indicates the satisfaction of the authority in issuing the notice - during the course of search in the firm M/s Bishan Chand Mukesh Kumar, Delhi it was found that the firm was providing bogus accommodation for purchase of jewellery on commission basis – assessee did not sell the jewellery to M/s Bishan Chand Manoj Kumar has not been disputed - assessee has admitted that he and his minor children had sold silver utensils and gold coins to the firm M/s Bishan Chand Mukesh Kumar – there was no error in the issuance of a notice u/s 158-BD read with Section 158-BC – the order of the Tribunal is upheld – Decided against assessee.
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