TMI Blog2022 (3) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... en made both on protective and substantive basis in the hands of her husband with regard to the same Swiss Bank account as he was account holder No.1. This Court is further of the view that the judgment passed by the Supreme Court in Selvi Ors [ 2010 (5) TMI 907 - SUPREME COURT ] has no application to the facts of the present case as the same has only upheld the principle of right of silence and, that too, in the context of criminal proceedings. Though there are certain observations with regard to the non-penal proceedings, yet the same is not the ratio of the said judgment. This Court is of the opinion that if the assessee really had no connection with the Swiss Bank accounts, no prejudice would have been caused to her if she h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... os.38/2022 C.M.No.11818/2022 in ITA Nos.39/2022 C.M.No.11903/2022 in ITA Nos.40/2022 C.M.No.11908/2022 in ITA Nos.41/2022 C.M.No.11913/2022 in ITA Nos.42/2022 C.M.No.11919/2022 in ITA Nos.43/2022 Keeping in view the averments in the applications as well as the Covid-19 pandemic and the fact that the appellant had filed applications under Section 254(2) of the Income Tax Act before the ITAT, which have been disposed of only on 20th January, 2022, the delay in filing the present appeals is condoned. Accordingly, the applications stand allowed. ITA Nos.37/2022 C.M.Nos.11775/2022 11779/2022 ITA Nos.38/2022 C.M.Nos.11811/2022 11815/2022 ITA Nos.39/2022 C.M.Nos.11816/2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with a notice calling upon her to co-operate and, inter alia, fill a consent-cum-waiver form. The form is set out in the documents annexed to these appeals and requires the Appellant-assessee s consent to enable the tax authorities to obtain information from Swiss Bank in respect of bank accounts held there. The Appellant-assessee disputes that she was ever an account holder in the Swiss banks. 3. Learned senior counsel for the Appellant-assessee submits that the Appellant-assessee was not obliged to fill such consent form as she was in no way involved in those transactions and/or she had no connection with the bank accounts. He further states that in the case of the Appellant-assessee, the protective assessment order has been deleted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey of some account holder. In the Court s opinion, if the assessee really had no connection with such accounts, no prejudice could really have ensued to him if he would have complied with the notice under Section 142(1) of the Act and filed the consent form. In these circumstances, the penalty cannot be held to be erroneous or unwarranted. No question of law arises. The appeals are dismissed. 6. The Special Leave Petitions filed against the aforesaid orders being SLP(C) Nos. 15828-15829/2018 were dismissed by the Supreme Court vide order dated 10th July, 2018. 7. This Court is of the view that the protective assessment against the Appellant-assessee was deleted by the CIT(A) as the additions had been made both on protective and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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