| Case ID |
d7f895c5-9764-400c-847c-49ea00bb820c |
| Body |
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| Case Number |
MISC. CIVIL CASE No. 293 OF 1984 |
| Decision Date |
Jan 24, 1986 |
| Hearing Date |
|
| Decision |
The Madhya Pradesh High Court ruled that the Tribunal's finding of no conscious concealment of income was justified, leading to the rejection of the revenue's application under section 256(1). The court emphasized that the question of conscious concealment is a question of fact, not law, thus affirming the Tribunal's decision to set aside the ITO's penalty order. The applications made by the revenue were consequently rejected, and it was determined that no referable question of law arose from the Tribunal's order. Each party was instructed to bear their own costs. |
| Summary |
In the case of Commissioner of Income Tax v. Radheshyam Garg, the Madhya Pradesh High Court addressed the issue of whether there was conscious concealment of income by the assessee. The case arose from reassessment proceedings initiated by the Income Tax Officer (ITO), leading to a penalty under section 271(1)(c) of the Income-tax Act, 1961. The Tribunal found no evidence of conscious concealment and set aside the ITO's order, prompting the revenue to seek a reference under section 256(1). The court affirmed that the Tribunal’s findings were based on factual determinations rather than legal questions, thus rejecting the revenue's application. This case highlights the importance of evidentiary standards in tax assessments and the distinction between questions of fact and law in judicial proceedings. Keywords: Income Tax, concealment of income, Madhya Pradesh High Court, Tribunal, legal proceedings. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
G.C. Sohani,
K.L. Shrivastava
|
| Lawyers |
R.C. Mukati,
J.W. Mahajan
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
Radheshyam Garg
|
| Citations |
1986 SLD 1561,
(1986) 159 ITR 175
|
| Other Citations |
CIT v. Radheyshyam Garg [Misc. Civil Case Nos. 295 and 296 of 1984]
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
256,
271(1)(c)
|