Dismissing the appeal, the acquisition of foreign assets was disclosed in the return filed for the assessment year 2013-14 when the assets were actually acquired. There was disclosure in the return filed under section 153A. The only contention made by the Department was that such disclosure was not made in the prescribed format and this warranted imposition of penalty of Rs. 10 lakhs. The record shows that the disclosure was made in the returns filed for the assessment years 2012-13 and 2013-14, at the time when the asset was actually acquired. It was not a case where no disclosure of the acquired foreign assets was ever made by the assessee. The Commissioner (Appeals) and the Tribunal had relied upon the decision, wherein this court had taken the view that the return filed under section 153A was also a return for the purposes of section 139(1), to hold that there was no failure to disclose and in any event, no penalty was warranted based upon some technical glitch which was remedied even before the notice for penalty could be The appeal did not involve any substantial questions of law. (AY. 2013-14)
PCIT v. Shrem Alloys Pvt. Ltd (2026) 485 ITR 790 (Bom)(HC)
S. 153A: Assessment-Search-Acquisition of foreign assets-Disclosed in returns filed and reflected in books of account for relevant assessment year-Return filed under section 153A disclosing acquisition of assets before notice for penalty issued-There was no failure to disclose-No penalty warranted-No substantial question of law.[S. 260A]
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