Effect of higher estimates of income for purposes of advance tax in financial year 1985-86 on assessment in relation to earlier years-Clarification regarding
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Advance tax estimates alone do not justify re-opening past assessments; concealed income must be assessed in its own year. Mere declaration of a substantially higher income for payment of advance tax in the current year does not, by itself, justify re-opening assessments of earlier years or initiating roving inquiries; reopening must follow established judicial principles under the statutory reopening provisions. Income concealed in an earlier year must be assessed in that year and cannot be set off against higher advance-tax estimates declared for a later year; taxpayers are advised to make full voluntary disclosure and apply to the Commissioner for reduction or waiver of penalty and interest under the statutory relief mechanism.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Advance tax estimates alone do not justify re-opening past assessments; concealed income must be assessed in its own year.
Mere declaration of a substantially higher income for payment of advance tax in the current year does not, by itself, justify re-opening assessments of earlier years or initiating roving inquiries; reopening must follow established judicial principles under the statutory reopening provisions. Income concealed in an earlier year must be assessed in that year and cannot be set off against higher advance-tax estimates declared for a later year; taxpayers are advised to make full voluntary disclosure and apply to the Commissioner for reduction or waiver of penalty and interest under the statutory relief mechanism.
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