Harri Joseph v. The Commissioner of Income-tax-II, Cochin
[Citation -2020-LL-0306-56]
| Citation | 2020-LL-0306-56 |
|---|---|
| Appellant Name | Harri Joseph |
| Respondent Name | The Commissioner of Income-tax-II, Cochin |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 06/03/2020 |
| Judgment | View Judgment |
| Keyword Tags | review petition • mistake apparent from record |
| Bot Summary: | The contention of the assessee was that an amount of Rs.60,00,000/- which was credited to his Bank account was deposited by his mother on sale of a property. The mother admittedly had not filed a return within time showing the income. The mother filed a return long RP.1147 of 2019 in - 3 - ITA.24/2014 after the expiry of six years, on which the Department could not take up any proceeding being hit by limitation. For the mere fact that the mother had filed a delayed return, there was nothing to substantiate the sale having occurred for an amount of Rs.74,00,000/- as claimed. On the mere premise that the mother had filed a delayed return admitting the receipt of such amounts, the assessee cannot be absolved from such liability. There is nothing produced to substantiate that the credit in the assessee's account was part of the sale proceeds received by the mother; but for a self serving admission by the mother. The assessee having been absolved in the penalty proceedings, was an issue specifically considered in the judgment under review. |