TMI Blog2006 (10) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee that with a view to purchase peace he offered the sums as non-taxable income, the Appellate Tribunal held that there is no material with the assessee to show that the mistake had crept in the original return accidentally without any intention warranting deletion of penalty. On the other hand, the Appellate Tribunal found that the reasons assigned by the Assessing Officer to hold that the assessee had concealed the income are genuine and accordingly, confirmed the penalty. With regard to the third question, the Appellate Tribunal has rendered a finding of fact that the Revenue had established the reasons for additions and proved that the addition was on account of concealed income, and we do not find any reason to interfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot adverting to the affidavit by the mother-in-law of the assessee that the deposit of Rs. 5 lakhs and the accrued interest thereto in the State Bank of India is not a taxable amount belonging to the assessee, but deposited in his name by her husband ? 2. The assessment year with which we are concerned is 1982-83. The facts which are relevant for the purpose of disposal of the tax case appeal are as under : 3. The assessee M. S. Mohamed Marzook, who died on November 2, 2001, got repatriated from Sri Lanka in the year 1975. He married the daughter of a businessman in Sri Lanka, by name, T. O. M. Mustafa. The said Mustafa came to India in 1979 and died in the year 1982. The assessee later received some of his father-in-law' s outst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revised returns with a view to purchase peace. 8. It is relevant to mention that in similar circumstances, this court by a judgment dated February 1, 2006, in T. C. No. 112 of 2000, etc., batch (M.Sajjanraj Nahar v. CIT [2006] 283 ITR 230 (Mad) has elaborately considered the above points, in the light of the decisions of the Supreme Court as well as various High Courts and held as under (page 249) : It is true, the apex court in Sir Shadilal Sugar and General Mills Ltd. v. CIT [1987] 168 ITR 705 held that a taxpayer might agree to additions to his income for a hundred and one reasons but that by itself will not be sufficient to treat the amount added or surrendered as the concealed income of that taxpayer. But, in view of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was because of the view taken in this and other judgments that the Explanation to section 271 was added. By reason of the addition of that Explanation, the view taken in this case can no longer be said to be applicable.' 9. In the instant case, the assessee filed the revised return only after the search was conducted in the premises of the assessee. The Appellate Tribunal, on the facts of the case, found that the omission or wrong statement by the assessee in the original return was not due to any bona fide or inadvertence or mistake on his part, but the revised return was filed only after the search action. Though it is the case of the assessee that with a view to purchase peace he offered the sums as non-taxable income, the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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