TMI Blog2019 (10) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... on-disclosure as such. What is significant to note is that in the present case, the disclosure is attributed to Goodyear Tyre Rubber Co., USA, filed by it in the proceedings in USA; and not by the assessee as such. It is not the case of the Department that the amount referred to in the said disclosure has been received in the accounts of the assessee or spent for and on behalf of the appellant assessee under instruction, so as to be treated as undisclosed income of the appellant. As aforesaid, the two communications relied upon by the High Court cannot be taken as admission of non-disclosure nor being a case of unconditional offer to pay tax in that behalf. On the other hand, we find that the ITAT had exhaustively analyzed the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of non-disclosure as assumed by the Department. That decision was taken up in appeal by the Department before the High Court, which had framed the following question as substantial question of law: Whether the Income Tax Appellate Tribunal was correct in law in deleting the undisclosed income of the Assessee as recorded by the Securities and Exchange Commission in USA? The High Court, while analyzing the stated question proceeded to reverse the finding of fact recorded by the Appellate Tribunal. For doing so, it recorded following reasons: The view taken by the Tribunal is completely unsustainable particularly when the parent company M/s. Goodyear Tyre Rubber Co., USA m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Department with an explanation and a without-prejudice offer. In our opinion, such communication(s) cannot be treated as admission of non-disclosure as such. What is significant to note is that in the present case, the disclosure is attributed to Goodyear Tyre Rubber Co., USA, filed by it in the proceedings in USA; and not by the assessee as such. It is not the case of the Department that the amount referred to in the said disclosure has been received in the accounts of the assessee or spent for and on behalf of the appellant assessee under instruction, so as to be treated as undisclosed income of the appellant. As aforesaid, the two communications relied upon by the High Court cannot be taken as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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