TaxTMI 
TaxTMI 
TaxTMI 
2002 (2) TMI 1335
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..... During the relevant assessment year, assessee received gifts of ₹ 1,20,000 as under:- Name of the Donors Income Tax GIR/ PAN /Ward of Donors Mode of Gift Amount of Gift Relationship a. Gianchand G-1351 Cheque 20,000 Nephew Lakhmichand Ward 1(4) KYN b. Ekta Jaipal E-708 Cheque 20,000 Wife of Nephew Ward 1(4) KYN c. Maya M-1665 Cheque 20,000 Wife of Kantilal Nephew Ward 1(4) KYN d. Harilal C-I/84-H(2) Cheque 20,000 Cousin Parsram Bombay e. M T Malani M-1074 Cheque 20,000 Wife of Maternal Ward 1(4) KYN Cousin f. Tejumal 1(3)/PV-2515 Cash 20,000 Maternal H Malani Cousin Ward 1(3) KYN 3. In order to examine the veracity of the aforesaid gifts, Assessing Officer issued summons to th....
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....r offers an explanation which is found by the Assessing Officer or the Commissioner (Appeals) to be false, or (B)such person offers an explanation which he is not able to substantiate and fails to prove that such explanation is bona fide and that all the facts relating to the same and material to the computation of his total income have been disclosed by him, then, the amount added or disallowed in computing the total income of such person as a result thereof shall, for the purposes of clause (c) of this sub-section, be deemed to represent the income in respect of which particulars have been concealed." 6. According to Black's Law Dictionary, "false" means not true. The word "false" has two distinct and well-re....
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.... Omnibus is applicable in criminal law, in the case of Amal Kumar Chakraborty v. CIT [1994] 207 ITR 3761, 390 (Cal.) it was held that this doctrine is a sound principle to apply in taxation when the matter is one of finding of fact on the basis of statements of a witness and their judicial evaluation. In this case, in 1975, the assessee gave a false statement by stating that he had no connection with the Bank deposits. Later he made a volte face and said that the deposits were from the money supposedly declared in 1971. Therefore, the later statement of the assessee could not be held to be credited as the source of the deposit. The Apex Court in the case of Rajinder v. State of Haryana JT 1995 (5) SC 272, 283 has held that Court has to ende....
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....ssing Officer levied the penalty rejecting the contention of the assessee that revision was made suo motu and additional income was offered to buy peace and to avoid litigation. When the matter was carried to the Tribunal, the following view was taken:- "The assessee had no chance of carrying through his explanation and the Assessing Officer too did not record any finding as to the acceptability or otherwise of the explanation of the assessee. Under these circumstances the proviso to Explanation 1 to section 271 is not attracted. The revenue did not at all discharge the burden to prove that there was concealment of income by the assessee. It simply rested its conclusion on the act of voluntary surrender by the assessee, which obvious....
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....e following order is passed:- "We have read the order of the High Court and the statement of case. Given the facts and circumstances, we do not think that any interference with the order of the High Court is called for." 11. Adverting to the decision of the Apex Court rendered in the case of K.P. Madhusudhanan v. CIT [2001] 251 ITR 991, learned Departmental Representative submitted that this decision was rendered on August 21, 2001. Hence, the ratio of this decision is to be followed. In this case, assessee took certain Bank drafts for payments to suppliers of rice in Andhra Pradesh. Entries were made in the accounts not on the dates on which the drafts were obtained but a few days later. It was explained that sufficient cash b....
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.... the legal flame. Each case depends on its own facts, and a close similarity between one case and another is not enough, because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid temptation as said by Cardozo, by matching the colour of one case against the colour of another. 13. I find that there is absolutely no conflict between the decisions of the Apex Court rendered in the case of CIT v. Suresh Chandra Mittal [2001] 251 ITR 91 and K.P. Madhusudhanan's case (supra) . These two decisions were rendered in the context of two different situations. Therefore, it is necessary to see the text and context of the decisions before applying the ratio decidendi. 14. In the present case I find th....