Case Law Details
Dharampal R. Pandia Vs ACIT (Madras High Court)
Criminal proceedings justified on account of wilful and deliberate concealment of true and correct income by not filing the return of income within the time stipulated
Facts-
Petitioner/accused is an individual having business income from his property concerned in the name and style of M/s.Herms India Limited. He is engaged in the business as a dealer in antibiotics, chemicals, prawn feeds and derives income thereof, besides having income from other sources. There was survey action/operation u/s. 133(A) on 20.10.2004, 14.12.2004 and 15.12.2004 in the business premises of the petitioner.
It is detected that the accused despite having huge taxable income, has not been in the habit of filing return on or before the due date and pay the tax. He was not discharging his statutory obligation in compulsory maintenance of accounts and auditing u/s. 44 A-B by furnishing to the department tax report in the form C-3(d) within the stipulated time limit and therefore, criminal proceedings were initiated. In the course of survey, it was found that the accused had concealed income and admitted the undisclosed income of Rs. 37,23,025/-. In response, the petitioner furnished his return admitting income of Rs. 33,04,420/-.
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