1982 (4) TMI 125

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....m Dass was in his individual capacity partner of M/s. Harnam Dass Pran Nath, Kesar Ganj, Ludhiana, and was regularly assessed to income-tax for the past so many years the details of which have been incorporated in para 2 of the impugned order of the AAC dt. 5th Sept., 1981. It is common ground that the HUF, known as M/s. Harnam Dass & Sons, was not assessed to income-tax prior to the date of voluntary declaration mentioned above. In the voluntary declaration made, total amount of voluntarily disclosed income was shown at Rs. 25,000 which was comprised of Rs. 10,000 representing value of 100 tolas of jewellery @ Rs. 100 per tola and Rs. 15,000 representing cash in hand deposited in bank. This declaration was accepted by the CIT, Patiala, vid....

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.... I have to decide the issues that emanate from the asst. yr. 1977-78 and are before me now. The ITO for the asst. yr. 1977-78 also following his order for the asst. yr. 1976-77 held that the income disclosed by the assessee belonged to Shri Harnam Dass in his individual capacity as the HUF had no income at all. The AAC held that the Revenue was precluded from going behind the declaration once the declaration had been accepted with full care and caution and the assessee had been awarded a certificate that the declaration was in order. 5. The revenue contended before me that the point for consideration is that even if prior to the voluntary disclosure, a Hindu undivided family as claimed may have existed, for the sake of argument and witho....

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....Shri Harnam Dass examined who was the Karta but somehow the ITO felt shy to do so. It is, therefore, without any justification that the assessee has been brought in litigation on the facts which had been accepted by the Revenue. The ld. counsel for the assessee submitted that the case cited by the Revenue in its support is in fact in favour of the assessee because the Hon'ble Court has said that the immunity under the Disclosure Act was available to the declarant and in this case the assessee is the declarant who is being questioned about the disclosure. Therefore, the order of the AAC which is in accordance with law need not be interfered with at the instance of the Revenue. 7. After careful consideration of rival submissions, I am of t....