If there is no failure on the part of assessee to disclose income, there was no escapement of income

CIT Vs. Bhushan Capital and Credits Services Ltd. ITA No. 751/2011, Date of Decision: 01-02-2013, High Court of Delhi

We find from a perusal of the assessment order that the assessee had declared the amount of Rs. 5,10,130/- in its return of income as short term capital gains on sale of shares. In the reopened assessment, the AO has  taken the view that the amount in fact did not represent any capital gains on sale of shares, but represented the undisclosed income of the assessee brought in by means of an acc

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