2019 (10) TMI 780

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Jha, AOR Mr. Anant Mann, Adv For the Respondent : Mr. Sanjay Jain, ASG. Mr. Arijit Prasad, Sr. Adv. Mr. Vikrant Yadav, Adv. Mr. Ashok Panigrahi, Adv. Mr. Nabab Singh, Adv. Mrs. Anil Katiyar, Adv. Mr. B. V. Balaram Das, AOR ORDER This appeal takes exception to the judgment and order dated 28.04.2008 passed by the High Court of Delhi at New Delhi in ITA No. 223 of 2005, whereby the appeal ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....see as recorded by the Securities and Exchange Commission in USA?" The High Court, while analyzing the stated question proceeded to reverse the finding of fact recorded by the Appellate Tribunal. For doing so, it recorded following reasons: "The view taken by the Tribunal is completely unsustainable particularly when the parent company M/s. Goodyear Tyre & Rubber Co., USA made a full d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icials and had made payments to the electricity undertaking for assuring continuous power supply to the factory premises of the Assessee." The High Court essentially placed reliance on two letters written by the assessee and assumed that it was in the form of admission of non-disclosure and an offer was given by the assessee to pay the tax and penalty, as the case may be. We have perused the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee under instruction, so as to be treated as undisclosed income of the appellant. As aforesaid, the two communications relied upon by the High Court cannot be taken as admission of non-disclosure nor being a case of unconditional offer to pay tax in that behalf. On the other hand, we find that the ITAT had exhaustively analyzed the entire evidence, including the two letters and taken a vie....