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Hemant Kumar Mulchandani, Jabalpur vs Dcit Circle 1(1), Jabalpur, Jabalpur on 29 November, 2022
cites
Section 183 in The Finance Act, 2018 [Entire Act]
The Finance Act, 2018
M/S. The Malabar Industrial Co. Ltd vs Commissioner Of Income-Tax, Kerala ... on 10 February, 2000
); CIT v. Himachal Pradesh Financial Corporation [2010] 186 taxman
105 (HP) and Malabar Industrial Co. Ltd. v. CIT [2000] 243 ITR 83 (SC), set
aside the impugned assessment for de novo consideration, to be made after making
proper investigation and enquiries and applying the correct provisions of the Act
and upon allowing adequate opportunity of being heard to the assessee.
Commissioner Of Income-Tax vs Associated Food Products P. Ltd. And ... on 21 November, 2005
Reference in this context is made to the decision by the
Hon'ble jurisdictional High Court in CIT v. Associated Food Products (P) Ltd.
[2006] 280 ITR 377 (MP), wherein it stands held as under:-
Mahaveer Kumar Jain vs Commnr. Of Income Tax on 19 April, 2018
The absence of any material to support the assessee's case being admitted, there
must be something on record to exhibit the 'mistake', for which the surrounding
circumstances and conduct become relevant, which we though find as consistent
with the non-reporting of cash in IDS. The assessee before us relied on the
decisions in Mahaveer Kumar Jain vs. CIT (CA No.4166/2006, dated 19/04/2018)
and R. Natarajan vs. ACIT (ITA No. 1058/MDS/2010, dated 23/02/2012), to the
effect that income cannot be taxed twice, and on Pr. CIT vs. Manju Osatwal
[2022] 443 ITR 107 (Cal) and Gopalkrishnan Raj Kumar vs. Pr. CIT (in W.P.Nos.
6367 & 6374/2021, dated 22/04/2022) to the effect that where an income stands
declared under disclosure (immunity scheme), the same cannot be subject to tax
again.
Principal Commissioner Of Income Tax - 9 vs Manju Osatwal on 11 February, 2022
The absence of any material to support the assessee's case being admitted, there
must be something on record to exhibit the 'mistake', for which the surrounding
circumstances and conduct become relevant, which we though find as consistent
with the non-reporting of cash in IDS. The assessee before us relied on the
decisions in Mahaveer Kumar Jain vs. CIT (CA No.4166/2006, dated 19/04/2018)
and R. Natarajan vs. ACIT (ITA No. 1058/MDS/2010, dated 23/02/2012), to the
effect that income cannot be taxed twice, and on Pr. CIT vs. Manju Osatwal
[2022] 443 ITR 107 (Cal) and Gopalkrishnan Raj Kumar vs. Pr. CIT (in W.P.Nos.
6367 & 6374/2021, dated 22/04/2022) to the effect that where an income stands
declared under disclosure (immunity scheme), the same cannot be subject to tax
again.
Cit vs Deepak Kumar Garg on 11 May, 2007
(emphasis, ours)
He, accordingly, relying on the decisions in CIT vs. Deepak Kumar Garg [2008]
299 ITR 435 (MP); Consolidated Photo and Finvest v. Asst. CIT [2006] 281 ITR
394 (Del.
Kale Khan Mohammad Hanif vs Commissioner Of Income-Tax, Madhya ... on 8 February, 1963
Two, the Revenue is under no obligation to locate the source of income of
the assessee, i.e., once his explanation as to the nature and source of the credit or
asset under reference is found absent or as non-satisfactory, so that the same, of
income nature, is deemed as his unexplained income for the relevant year
(Govindarajalu Mudaliar v. CIT [1958] 34 ITR 807 (SC), Kale Khan Mohammad
Hanif v. CIT [1963] 50 ITR 1 (SC), CIT v. Ganpathi Mudaliar [1964] 53 ITR 623
(SC)).
Commissioner Of Income-Tax, Madras vs M. Ganapathi Mudaliar on 27 April, 1964
Two, the Revenue is under no obligation to locate the source of income of
the assessee, i.e., once his explanation as to the nature and source of the credit or
asset under reference is found absent or as non-satisfactory, so that the same, of
income nature, is deemed as his unexplained income for the relevant year
(Govindarajalu Mudaliar v. CIT [1958] 34 ITR 807 (SC), Kale Khan Mohammad
Hanif v. CIT [1963] 50 ITR 1 (SC), CIT v. Ganpathi Mudaliar [1964] 53 ITR 623
(SC)).