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Documents citing Commissioner Of Income Tax vs Gopal Krishna Suri & Ors. on 13 October, 2000

Commissioner Of Income-Tax vs T.K. Ginarajan, Development Officer, ... on 2 November, 2001

Similar is the view taken by various High Courts including the Andhra Pradesh High Court in K.A. Choudary v. CJT [1990] 183 ITR 29; the Madras High Court in CIT v. E.A. Rajendran [1999] 235 ITR 514 and CIT v. P. Arangasamy [2000] 242 ITR 563 ;;that of the Orissa High Court in the decision in CIT v. Anil Singh [1995] 215 ITR 224 ; that of the Bombay High Court in CIT v. Gopal Krishna Suri [2001] 248 ITR 819 ; and that of the Calcutta High Court in CIT v. Ramlal Agarwala [2001] 250 ITR 828.
Kerala High Court Cites 14 - Cited by 26 - C N Nair - Full Document

Bright India Body Builders, New Delhi vs Assessee on 31 August, 2009

Following the view taken in the aforesaid decision of Hon'ble Allahabad High Court in Rakesh Suri(supra), a co-ordinate Bench in Trivium Power Engineers P. Ltd. v. Income-tax Officer,5 ITR(AT)347(Del.)upheld the levy of penalty u/s 271(1)(c) of the Act on the amount surrendered on accounts of unsecured loans in cash from various persons. In the instant case also the assessee's explanation has not been found to be bona fide and it failed to furnish all relevant material particulars relating to the concealed income and to discharge its burden that lay upon it under Explanation 1 to section 271(1)(c) of the Act.
Income Tax Appellate Tribunal - Delhi Cites 20 - Cited by 0 - Full Document

Subros Ltd., New Delhi vs Department Of Income Tax on 4 December, 2009

In this regard, he referred the decision of the Hon'ble Jurisdictional High Court in the case of C.I.T. vs. Escorts Finance Ltd. 183 Taxman 453 and the case of C.I.T. vs. Zoom Communication Pvt. Ltd. in ITA No. 7/2010 and Hon'ble Allahabad High Court decision in C.I.T. vs. Rakesh Suri in ITA No. 38 of 2009 vide order dated 13.5.2010. Hence he argued that the levy of penalty is quite correct in the facts of the case.
Income Tax Appellate Tribunal - Delhi Cites 11 - Cited by 0 - Full Document

Trivium Power Engineers Pvt. Ltd., New ... vs Assessee on 11 December, 2009

21. To the present case, the decision of Hon'ble Allahabad High Court, Lucknow bench in the case of Shri Rakesh Suri (supra), which has been strongly relied upon by the learned DR, is fully applicable where the penalty levied under section 271(1)(c) was held to be justified even on conditional/agreed surrender of income if it was established that the surrender was not voluntarily but an afterthought, which is the situation in the present case before us. Since the surrender of income by the assessee is not found to be voluntarily but has been made under compulsion, the penalty levied by the AO under sec. 271(1)(c) with regard to the addition of unexplained credit of Rs.6 lacs cannot be said to be invalid or unjustified more particularly in view of the fact that the assessee's explanation is not found to be bona fide and further the assessee has failed to furnish all relevant material particulars relating to the concealed income of Rs.6 lacs added by the AO. In other words, we are of the considered view that the assessee has not been able to discharge its burden that lay upon it vide Explanation 1 to section 271(1)(c) of the Act.
Income Tax Appellate Tribunal - Delhi Cites 22 - Cited by 0 - Full Document

Nuchem Ltd, vs Department Of Income Tax on 13 February, 2007

37. With regard to the assessee's contention that assessee surrendered the amount during the course of assessment proceedings, and thus, no penalty could be levied, we make a useful reference to a decision of Hon'ble Allahabad High Court in the case of CIT vs Shri Rakesh Suri (supra) where it has been held that surrender made after the concealed income was detected by the Department cannot be held to be voluntary or bonafide but under compulsion, and in that case, the assessee cannot be absolved from levying penalty because he agreed to the addition at the time of assessment.
Income Tax Appellate Tribunal - Delhi Cites 30 - Cited by 0 - Full Document
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