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2019 (3) TMI 74 - HC - Income TaxSettlement application filed u/s 245C - full and true disclosure of the undisclosed income - Settlement commission direct commissioner to file report which was filed - Assessee offered voluntarily additional income after report - Settlement commission directed assessee to reconcile difference with Department - Assessee again offered additional income - offer of additional incomes should be presumed that the original application under Section 245C, did not contain a full and true disclosure of the undisclosed income - Assessment framed determining undisclosed income - HELD THAT:- This is not a case in which the assessee had merely accepted the additions suggested by the Commission, to settle the matter once and for all times. At the first stage, even before the assessee was directed to sit along with the A.O. and the officer of the Commission to reconcile the differences, which led to the suggestions from the side of the Commission; a disclosure of further income was made, which was not available in the original application made under Section 245C. This leads to a definite conclusion that there was no full and true disclosure of the undisclosed income and the source from which it derived in the application filed under Section 245C as held in Ajmera Housing Corporation [2010 (8) TMI 35 - SUPREME COURT OF INDIA] We hence set aside the judgment of the learned Single Judge, as also the order of the Settlement Commission for reason of the assessee having not made full and true disclosure under Section 245C. The Commission ought not to have proceeded with the application when the assessee made a voluntary offer of additional income, when the application was pending, in addition to that disclosed in its application under Section 245C. Noticing the long pendency of the matter before the Settlement Commission and before this Court, it is only proper that the assessee be permitted to file an appeal from the assessment order. The assessee shall be permitted to file an appeal within thirty days from the date of receipt of a copy of the judgment of this Court in the Writ Appeal
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