Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2024 (3) TMI 211

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en filed seeking quashment of the private complaint proceedings made in C.C.Nos.124 to 136 of 2018 and 278 to 284 of 2018 pending on the file of the Judicial Magistrate No.III, Coimbatore. 3. The respondent filed a complaint under Section 200 of Cr.P.C., before the trial Court alleging that petitioner is an assessee and he is in the business of Real Estate, Motor Car Agency (Skoda), Construction and Finance. He is a Proprietor /Director of M/s. Arputharaj Associates, M/s. Millenium Motors, M/s. SGA Cars Pvt.Ltd., The search was conducted in the residence of the petitioner on 26.02.2015 as contemplated under Section 132 of IT Act. As a result of the search, various undisclosed income and investments made by the petitioner were found. Ther....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Income Tax issued letter dated 11.08.2015 the petitioner, thereby directed the petitioner to appear on 17.08.2015. However, petitioner did not file return of income, even after receipt of copies of the seized impounded materials. Thereafter, he was issued notice under Section 142(1) of Income Tax, thereby, petitioner was called upon to submit the return of income. However, there was no response and as such, on 01.04.2016, a notice under Section 274 read with Section 271 (F) of Income Tax Act was issued to the petitioner to show cause why penalty under Section 271(F) of Income Tax Act should not be levied. Further, petitioner was also directed to appear before the Assessing Officer. Accordingly, penalty was imposed for non-filing of income t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....142(1) Income returned u/s 153 A Date of Notice u/s. 143(2) 2009-10 28/08/2010 (Revised Return) 3424530 29/06/2016 1400740 15/07/2016 2010-11 14/10/2010 19933740 10/08/2016 1026110 11/08/2016 2011-12 30/09/2011 141230 13/08/2016 -9778276 08/09/2016 2012-13 30/09/2021 0 18/08/2016 106050 08/09/2016 2013-14 25/10/2013 -56,11,600 19/08/2016 -1,05,62,962 08/09/2016 2014-15 29/11/2014 1159470 14/09/2016 -1,76,16,113 19/09/2016 2015-16 - - 18/09/2016 -92,45,237 19/09/2016   4. Aggrieved by the assessment order issued by the Assessment Officer, petitioner filed appeal before the Commissioner of Income Tax (App....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 3. TCA.Nos.718 to 720 of 2018 relate to the assessment years 2009-10 to 2011-12. The substantial questions of law are identical and the only difference being the assessment year. 4. The Revenue has filed five appeals namely TCA.Nos.805 to 809 of 2018 raising the following three substantial questions of law, which are common in all the appeals except for the appeal against the order passed by the Tribunal in ITA.No.1498/Chny/2018 relating to the assessment year 2014-15 (TCA.No.809 of 2018) : . Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that embezzlement made by an employee of M/s.Miracle Cars India P. Ltd., in which, the assessee is a director to the tune of Rs. 8.30 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the decision of this Court in the case of CIT Vs. Rangroopchand Chordia [reported in 241 Taxman 221]?? After considering the facts and circumstances, Hon'ble Division Bench of this Court allowed the Income Tax Appeals and set aside the order passed by the Income Tax Appellant Tribunal and remanded the matters to the Income Tax Appellant Tribunal for fresh disposal. Further, the Division Bench had also directed that the demand notices dated 09.07.2018 to be kept in abeyance for a period of two weeks from the date of the order. 5. Thereafter, the Income Tax Appellant Tribunal, Chennai by an order dated 27.09.2023 has allowed the Income Tax Appeals in ITA.Nos.1493 to 14499 of 2018 and set aside the order passed by the learned Commiss....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s per seized documents and sales admitted in his books of accounts. Therefore, made additions of Rs. 11,12,62,000/- as unaccounted sales of the assessee for assessment year 2014-15. 27............ The Assessing Officer has made additions towards unaccounted sales on the basis of one seized documents, which shows sales abstract for the financial year 2013-14. Except sales abstract, there is no evidence with the Assessing Officer to make addition of Rs. 11,12,62,000/- towards unaccounted sales. On the other hand, documents like VAT return and books of accounts maintained by the assessee clearly shows sales for the year at Rs. 1,00,30,100/-. Further, it was the claim of the assessee that said documents belongs to M/s.Arputharaj Associ....