Latest Income-Tax Details

For Full Access To All Latest Judgments on Income Tax
Click Here To Subscribe Now
Take a tour of our Income-Tax Library

the plea made by the learned counsel appearing for the appellant / assessee merits acceptance for the reason that admittedly,searchand seizure operations were carried out under Section 132 of the IT Act in the residential premises of the husband of the appellant viz., Mr.G.Narambulingam on 18.01.2000 and notice under Section 158BD of the IT Act were issued to the appellant and her husband on 31.05.2000 and 31.01.2020 respectively. No doubt, in the appeal filed before the Commissioner of Income Tax(Appeals), challenging the order of assessment dated 29.05.2002 passed by the Assessing Officer, the appellant did not appear and based on the materials available, the Commissioner of Income Tax (Appeals) had dismissed the appeal, vide order dated 08.12.2016. However in the appeal filed before the Income Tax Appellate Tribunal, a specific ground as to the inclusion of certain income at the hands of her husband and remanding of the matter had been raised and in fact the Income Tax Appellate Tribunal in the impugned order dated 31.08.2017 in paragraph no.9 though referred to the order of remission passed by the Income Tax Appellate Tribunal, as regard her husband, proceeded to dispose of the appeal. 18. It is also brought to the knowledge of this Court that after the order of remission passed by the Income Tax Appellate Tribunal, vide order dated 30.04.2008, as to the husband of the appellant / assessee, the proceedings are not yet completed. 19. In the considered opinion of this Court, once certain portion of the undisclosed income are added to the husband and that in respect of certain issues, the Income Tax Appellate Tribunal in the order dated 30.04.2008, filed by her husband, has remanded the matter to the Commissioner of Income Tax(Appeals), Madurai and during the course of arguments, it was also brought to the knowledge of Income Tax Appellate Tribunal, it should have been remanded to the Commissioner of Income Tax(Appeals) for adjudication.

Shanti Prime Publication Pvt. Ltd.

Section 69A, 132 of Income Tax Act, 1961— Undisclosed income — A search under Section 132 of the Income Tax Act 1961was conducted in the case of the husband of the Assessee on 18.01.2000 and during the course of search, certain investments in favour ofassessee was found and the Block Assessment Proceedings had been initiated against the  assessee as well as against her husband by issuing notice under Section 158BD of the IT Act on 31.01.2000 and 31.05.2000 respectively. The assessee has filed her return of Income on 28.02.2002, declaring Nil Income and the husband of the assessee has also filed his return of income on 31.01.2001. The assessee, challenged the legality of the said order filed further application before the Income Tax Appellate Tribunal (ITAT), and the Income Tax Appellate Tribunal, vide impugned order dated 31.08.2017, has partly allowed the appeal.The assessee has filed the present appeal.
Court held thatonce certain portion of the undisclosed income are added to the husband and that in respect of certain issues, the Income Tax Appellate Tribunal in the order dated 30.04.2008, filed by her husband, has remanded the matter to the Commissioner of Income Tax(Appeals), and during the course of argument, it have been remanded to the Commissioner of Income Tax(Appeals) for adjudication.The Substantial Questions of Law raised by the assessee, was answered in the favour of assessee. --- N. TAMILSELVI vs. Deputy CIT.[2020] 23 ITCD Online 79 (MAD)

Professional services available Audit Management
Tax Lok English Viedo
Tax Lok Hindi Viedo
Check Your Tax Knowledge
Youtube
HR Consulting services

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.