COURT: | ITAT Kolkata |
CORAM: | Mahavir Singh (JM), P. K. Bansal (AM) |
SECTION(S): | 271AAA |
GENRE: | Domestic Tax |
CATCH WORDS: | concealment of income, penalty |
COUNSEL: | Ravi Tulsiyan |
DATE: | June 30, 2015 (Date of pronouncement) |
DATE: | July 1, 2015 (Date of publication) |
AY: | 2008-09 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 271AAA: Law on what is “undisclosed income” and levy of penalty on the basis of a “dumb” document and surrender by the assessee explained |
A charge can be levied on the basis of document only when the document is a speaking one. The document should speak either out of itself or in the company of other material found on investigation and/or in the search. The document should be clear and unambiguous in respect of all the four components of the charge of tax. If it is not so, the document is only a dumb document. No charge can be levied on the basis of a dumb document. A document found during the course of a search must be a speaking one and without any second interpretation, must reflect all the details about the transaction of the assessee in the relevant assessment year
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