Full Judgment Text
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CASE NO.:
Appeal (civil) 1252 of 2008
PETITIONER:
Commissioner of Income Tax, Ahmedabad
RESPONDENT:
C.A. Taktawala
DATE OF JUDGMENT: 12/02/2008
BENCH:
S.H. KAPADIA & B.SUDERSHAN REDDY
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of Special Leave Petition (C) No.19088/2006
Delay condoned.
Leave granted.
Having heard learned counsel for the parties, we are of the view that the
High Court had erred in not answering the question which, in our opinion,
was the substantial question of law under Section 260-A of the Income Tax
Act, 1962.
We quote hereinbelow for the sake of convenience the said question:
\023Whether on the facts and circumstances of the case, the Tribunal was
right in law and on facts in cancelling the penalty levied u/s 271(1)(a) and
273(2)(a) of the I.T. Act, on the ground that benefit under the Amnesty
Scheme was available to the Assessee, particularly when subsequent to search
operation, the Assessee itself had revised its returns on a number of
occassions, which would go to show that the return was
:2:
not voluntary?\024
For the sake of clarity we also annex here the position of various returns
filed for various Assessment years in question.
Asst. Year
1982-83
1983-84
1984-85
1985-86
1. Original return
filed on
3.3.83
12.7.84
28.6.85
28.6.85
Income declared Rs
1,19,949/-
1,10,700/-
60,210/-
8070/-
2. First Revised
return filed on
31.3.86
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28.11.85
28.11.85
31.3.86
Income declared Rs
44,58,688/-
1,22,460/-
72,220/-
79,460/-
3. Second Revised
return filed on
29.9.86
30.3.86
31.3.86
29.9.86
Income declared Rs
25,27,210/-
14,99,630/0
10,71,970/-
1,86,700/-
4. Third Revised
return filed on
23.2.87
23.2.87
29.9.86
25.2.87
Income declared Rs
24,98,769/-
16,96,350/-
6,54,572/-
9,67,830/-
5. Fourth Revised
return filed on
...................
..................
26.2.87
...................
Income declared Rs
....................
.................
2,99,540/-
......................
6.Original Asst.
Order passed on
23.3.85
31.3.86
30.3.87
30.9.87
ASSESSED Income
Rs.
20,29,840/-
15,31,240/-
11,70,540/-
10,27,700/-
7. Reassessment
order passed on
31.8.87
7.9.87
..................
...............
Ultimate
ASSESSED Income
Rs.
38,22,110/-
16,98,150/-
...................
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Having considered the above chart with relevant documents we are of the
view that the above question needs to be considered by the High Court.
Accordingly, the impugned order is set aside and the matters are remitted
to the High Court for fresh consideration in accordance with law.
Accordingly the Tax Appeal Nos.281-288 of 2005 stand restored to the file
of the High Court.
The appeal is disposed of with no order as to costs.