TMI Blog2015 (5) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee made a statement which was recorded by the officers of the Revenue. Stress was laid by the Tribunal on the expression "voluntary" but the Tribunal failed to understand that the meaning of the expression "voluntary" in the context is that the statement made by him was not extorted from him by applying force. It is in that sense a voluntary disclosure which has been clarified by the assessee by stating in answer to question No. 23 that he had not given any statement under pressure and he did not want to rectify or modify the statement made by him. Thus the order of the Tribunal is unsustainable in law and, therefore, is set aside - Decided in favour of revenue. - I. T. A. T. No 158 of 2014 and GA No 3271 of 2014 - - - Dated:- 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Rajshree Dugor, and ₹ 25,00,000 was disclosed in the name of the limited company, viz., Indian Gem and Jewellery (Imperial) Pvt. Ltd. in which the assessee had substantial interest. It may be repeated that no concealed income was established from any of the papers and documents found in the course of search in the panchnama of the assessee or in other panchnamas. The entire disclosure was made voluntarily and in good faith which is apparent from question and answer No. 22 in the state ment recorded under section 131 wherein the assessee categorically states that he is voluntarily disclosing the income even though no incriminating documents have been found and all the purchases and sales are correctly recorded and the disclosure was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led return for the assessment year 2008-09. clause (b) quoted above, according to us, shall not apply to those cases where the assessee had filed a return but did not disclose the income, as in this case. His case shall be covered by clause (a), which provides as follows : (a) Where the return of income for such previous year has been furnished before the said date but such income has not been declared therein ; The Tribunal, as such, fell into an error in proceeding on the basis that the assessee is entitled to get the benefit/immunity under clause (b) quoted above. The Tribunal also appears to have, for the purpose of interfering with the order of the appellate authority, relied upon its own judgment in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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