Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (1) TMI 109

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sued under Section 230A of the Act - Held that:- Tribunal ought to have weighed the effect of the certificate issued under Section 230A as well as the material facts and particulars to determine as to whether there is any concealment or inaccuracy in the particulars furnished to render a final decision on the appeal filed by the Revenue against the decision of the CIT (Appeals). We are afraid that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... FOR THE RESPONDENT : ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX DEPT. JUDGMENT Thottathil B.Radhakrishnan, J. 1.We have heard the learned counsel for the appellant and the learned Senior counsel for Government of India (Taxes). 2. In modification of the questions of law on which notice has been issued at the time of admission, we recast the following as the only substantial questi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appellate proceedings therefrom, penalty proceedings were decided adverse to the interest of the assessee mulcting the assessee with liability by way of penalty fixed at the minimum possible. 4.Going by the submissions on behalf of the assessee and the Revenue, we see that the plea of the assessee is built on the admitted position, where the assessee does not dispute the addition made in the as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... act that the CIT (Appeals) had taken a view in favour of the assessee, we are of the considered opinion that the learned Tribunal ought to have weighed the effect of the certificate issued under Section 230A as well as the material facts and particulars to determine as to whether there is any concealment or inaccuracy in the particulars furnished to render a final decision on the appeal filed by t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates