2004 (7) TMI 23

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....ement Directorate conducted search at the residential premises of Shri Hemant S. Shah (son-in-law of the petitioner). Smt. Jayshri H. Shah (daughter of the petitioner) and Smt. Shantaben R. Chokshi (the petitioner). As the petitioner, Smt. Shantaben R. Chokshi, has since expired, the legal heirs have been brought on record with the permission of the court and the deceased petitioner is now represented by petitioners Nos. 1A to 1C. It is an admitted position that from the premises of Hemant S. Shah Rs. 15,93,600 in Indian currency, US $ 9,530 and 100 cents of Canadian currencies were seized along with National Savings Certificate valuing Rs. 2,20,000. Simultaneously, a bank locker standing in the joint names of the deceased petitioner and h....

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....resaid petition was not acceptable to the Department, she was prepared to include the said assets in her hands for the assessment year 1987-88. Another petition came to be filed on the same lines on March 24, 1987. The deceased petitioner filed a return of income for the assessment year 1986-87 on March 30,1987 returning income of Rs. 40,000 and on July 27, 1987 the deceased petitioner filed a return of income for the assessment year 1987-88 showing total income of Rs. 47,48,790 in her hands and the said return included the income of Rs. 47,45,746 which was disclosed in the petition dated September 30, 1986, in the case of her late husband for the assessment year 1986-87. For the assessment year 1986-87, the petitioner was assessed on a t....

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....ently and the orders that have been passed subsequent to the filing of the petition on May 3, 1991. Inviting attention to the order of the Income-tax Appellate Tribunal, Ahmedabad Bench "B", Ahmedabad, in the case of the deceased petitioner for the assessment year 1986-87, it was submitted that the Tribunal had accepted the stand of the petitioner that the petitioner had filed a return for the said assessment years voluntarily and the case deserved to be considered as one filed under the amnesty scheme on the basis of the relevant Board circular referred to in paragraph No. 5 of order dated September 27,1993. Mr. Kaji emphasised the finding of the Tribunal to the effect that the presence of two inspectors of the Income-tax Department at the....

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....ioner had not voluntarily disclosed income, and that the disclosure was not in good faith. It was submitted that all the findings recorded by the Commissioner were bad in law and the consequential rejection of the waiver application for the assessment year 1987-88 was unwarranted in the facts and circumstances of the case. Mr. M.R. Bhatt, learned senior standing counsel appearing on behalf of the respondent, submitted that when the officers of the Enforcement Directorate conducted a search on May 27, 1986, two inspectors of the Income-tax Department were present and it was subsequent to such action that the deceased petitioner for the first time filed disclosure petition in the name of her late husband on May 29, 1986. It was therefore sub....