Search Results Page

Search Results

1 - 7 of 7 (0.37 seconds)
Indo-Aden Salt Mfg. & Trading Co. Pvt. ... vs Commissioner Of Income Tax, Bombay on 12 March, 1986 cites

Income Tax Officer, I Ward, Dist, Vi, ... vs Lakhmani Mewal Das on 30 March, 1976

VI Calcutta & Others v. Lakhmani Mewal Das, 103 I.T.R. 437. Hidayatullah, J. as the learned Chief Justice then was, observed in Calcutta Discount's case (supra) that mere production of evidence before the Income- tax Officer was not enough, that there may be omission or failure to make a true and full disclosure, if some material for the assessment lay embedded in the evidence which the revenue could have uncovered but did not, then, it is the duty of the assessee to bring it to the notice of the assessing authority. Assessee knows all the material and relevant facts - the assessing authority might not. In respect of the failure to disclose, the omission to disclose may be deliberate or inadvertent. That was immaterial. But if there is omission to disclose material facts, then, subject to the other conditions, jurisdiction to re-open is attracted.
Supreme Court of India Cites 15 - Cited by 885 - H R Khanna - Full Document

Calcutta Discount Company Limited vs Income-Tax Officer, Companies ... on 1 November, 1960

The real question, therefore, is whether there were facts from which it could be believed that there was failure or omission to disclose fully and truly all material facts necessary for the assessment as a result of which income has escaped assessment. The assessment was sought to be re-opened for the years 1955-56 to 1962-63 (for failure to disclose fully and truly all material facts). It is well- settled that the obligation of the assessee is to disclose only primary 630 facts and not inferential facts - See Calcutta Discount Co. Ltd. v. Income Tax Officer Companies District I, Calcutta and Another, 41 I.T.R. 191. There must be, therefore, (a) full disclosure, and (b) true disclosure of all material facts. What facts are material for a particular case would depend upon the facts and circumstances of each case, (c) there must be escapement of tax or under assessment due to such failure or omission.
Supreme Court of India Cites 13 - Cited by 1681 - K C Gupta - Full Document

Raja Mohammad Amir Ahmed Khan vs Commissioner Of Income-Tax, U.P. on 7 August, 1962

The assessee's contention is that the I.T.O. could have found out the position by further probing. That, however, does not exonerate the assessee to make full disclosure truly. The explanation 2 to section 147 of the Act makes the position abundantly clear. The principles have also been well-settled and reiterated in numerous decisions of this Court. See Hazi Amir Moh. Mir Ahmed v. Commissioner of Income-tax, Amritsar, 110 I.T.R. 630 and Income-Tax Officer I Ward, Distt.
Allahabad High Court Cites 5 - Cited by 10 - Full Document
1