Case Law Details
Brief of the Case
ITAT Jaipur held In the case of Nirmal Kumar Bardia vs. DCIT that argument of the assessee that the assessee had disclosed salary received from RMC Gems Thai Co. Ltd., Bangkok voluntarily has not substantiated with any evidence. The Assessing Officer issued notice U/s 153A to file the return in response to survey proceedings. Thereafter, the assessee has disclosed the salary received in Thai Bhat in Bangkok in global income. Similarly the excess claim of exemption U/s 54F had also not been revised even notice U/s 153A was issued to the assessee. The assessee was availing expert opinion on taxation matter as he was filing return since long and had number of businesses. Therefore, the assessee’s claim that he was ignorant about legal provisions proved that the assessee’s action was not bonafide. We have considered view that the assessee has concealed the particulars of income and furnished inaccurate particulars of income.
Facts of the Case
A search seizure action U/s 132(1) and survey U/s 133A was carried out on 23/08/2007 at the residence and business premises and survey was conducted at branch office located of the RMC Group of Jaipur. The assessee belonged to this group. In the course of search and survey action, cash, jewellery, valuables, books of account and documents were found and seized/impounded as per panchnama /order of respective dates. The Assessing Officer observed that in this case, the assessment was completed U/s 153A read with Section 143(3). Notice U/s 153A was issued for A.Y. 2006-07 on 25/01/2008 and assessee was asked to prepare a true and correct return of his total income in respect of his assessable for the year under consideration in the form prescribed in Rule 12 of the Income Tax Rules, 1962. In response to notice U/s 153A, return declaring income of Rs. 23,68,116/- was filed on 28/2/2008. In original return U/s 139(1), the assessee had declared income of Rs. 20,14,520/-, which was filed on 31/10/2006. The assessee had disclosed Rs. 3,53,599/- salary received from M/s RMC Gems Thai Co. Ltd., Bangkok in return of income filed in response to notice U/s 153A. The assessee served as employee in M/s RMS Gems Thai Co. Ltd., Bangkok. He had received 105000 Thai Bhat per month from 01/01/2006 to 31/12/2006.
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श्री नरेंद्र भाई मोदीजी को गैस सब्सिडी को 5 लाख की आमदनी वालो की भी सब्सिडी बंद कर देनी चाहिए जो की साल भर मै 3000 तक होती हैं