Sunday, November 30, 2014

Undisclosed income disclosed by assessee after filing revised return under section 158BC

IT: Undisclosed income disclosed by assessee after filing revised return under section 158BC, would attract penalty under section 158BFA
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[2014] 49 taxmann.com 33 (Jharkhand)
HIGH COURT OF JHARKHAND
Commissioner of Income-tax
v.
Hitech Chemical (P.) Ltd.*
MS. R. BANUMATHI, CJ.
AND CHANDRASHEKHAR, J.
TAX APPEAL NO. 7 OF 2005†
FEBRUARY  14, 2014
Section 158BFA, read with section 158BC, of the Income-tax Act, 1961 - Block assessment in search cases - Levy of interest and penalty in certain cases (Penalty) - Block period 1-4-1989 to 29-10-1998 - Whether an assessee is not entitled to file a revised return once return under section 15BC is filed - Held, yes - Whether since undisclosed income disclosed by assessee by filing a revised return after filing of return under section 158BC, would be liable to be treated as concealed income and, hence, penalty under section 158BFA is imposable on said income - Held, yes [Paras 18-21] [In favour of revenue/Matter remanded]

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