2010 (5) TMI 466

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ne, for the Respondent. [Order]. - Revenue has field this appeal along with stay application. Today the matter was listed for disposal of stay application. After hearing at length, I find that there is no merit in the stay application and I have taken up the appeal also for disposal for which the learned DR fairly agreed. 2. The facts of the case are that the respondents are engaged in pr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... penalties were also made under Section 77, 77 (sic) and 78 of the Finance Act, 1994. The respondent preferred appeal before the Commissioner (Appeals) who dropped the demand holding that the income voluntarily disclosed before the Income-tax Department, which was suppressed by the party cannot be added to the taxable value unless there is evidence to prove the same. Aggrieved from the same, the R .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed that the appeal and stay application both can be disposed of at the same time. 6. In the case of Kipps Education Centre, Bathinda v. CCE, Chandigarh reported in 2009 (13) S.T.R. 422 (Tri. - Del.), it was held by this Tribunal that income voluntarily disclosed before the income tax authorities could not be added to the taxable value unless there is evidence to prove the same. In this case .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X