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2018 (8) TMI 723 - HC - Income TaxSettlement of case u/s 245D - Disclosure of additional income at the stage of 245D(4) - failure to make a true and full disclosure in its application for settlement - genuineness of labour charges claimed - Genuineness of receipt of consideration in the absence of evidence of providing any service - Held that:- This finding of the Commission has not been shown to be perverse in any manner. In the context of the finding of the Commission merely because the Applicant has offered some further amount as income voluntarily at the stage of 245D(4) of the Act, would not ipsofacto lead to a conclusion that there was failure to fully and truly disclose the income in its application for settlement. This move so when the Commission itself records a finding that the disclosure made in the application for settlement is true and full, notwithstanding the offering of further income by the Respondent. Where the view taken by the Commission is a possible view then interference under Article 226 of the Constitution of India in our extraordinary jurisdiction is not warranted. - Decided against the revenue.
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