Commissioner of Income-tax-I, Chennai v. C. Vinaya Kumari
[Citation -2019-LL-0819-96]
Citation | 2019-LL-0819-96 |
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Appellant Name | Commissioner of Income-tax-I, Chennai |
Respondent Name | C. Vinaya Kumari |
Court | HIGH COURT OF MADRAS |
Relevant Act | Income-tax |
Date of Order | 19/08/2019 |
Assessment Year | 2003-04 |
Judgment | View Judgment |
Keyword Tags | incriminating evidence • incriminating material • concealment of income • search conducted • low tax effect • monetary limit • penalty |
Bot Summary: | 1601 and 1602/H/2008 on the file of the Income Tax Appellate Tribunal, Hyderabad 'B' Bench for the assessment years 2003-04 and 2004-05. These appeals, filed by the Revenue under Section 260A of the Income Tax Act, 1961, are directed against the common order dated 12.6.2009 made in ITA.Nos. The appeals were admitted on 12.7.2010 on the following substantial questions of law : i. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in canceling the penalty of Rs.4,48,480/- and Rs.4,89,540/- respectively levied under Section 271(1)(c) of the Income Tax Act, 1961 based on the incriminating evidence found during the search conducted in the premises of the assessee under Section 132 of the Act in the form of accounts maintained in the tally accounting package ii. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in not holding that when there is admission on the part of the assessee of concealed income after being confronted with the incriminating material found during the search, there was no burden cast on the Assessing Officer to prove the concealment disregarding the several judicial rulings on this issue like the Madras High Court's decision in 271 ITR 286 4. The learned Senior Standing Counsel for the appellant submits that the above appeals are not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. In the light of the said submissions, the above tax case appeals are dismissed on account of the low tax effect. In the event the tax effect in the respective cases is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeals to be heard and decided on merits. |