Legal Case Summary

Case Details
Case ID f7e06128-b466-496b-b8ef-2e8c8b7cd1b2
Body View case body.
Case Number Income-tax Reference No. 34 of 1979
Decision Date Nov 07, 1988
Hearing Date
Decision The Income-tax Appellate Tribunal upheld the Income-tax Officer's reassessment action under section 147(a) of the Indian Income-tax Act, 1961, concluding that the Officer had sufficient reason to believe that the assessee failed to disclose material facts during the original assessment. The Tribunal's decision was based on subsequent information revealing that the creditor had engaged in hawala activities, which ultimately invalidated the legitimacy of the cash credit claimed by the assessee. This reaffirmed the principle that undisclosed income must be taxed appropriately, emphasizing the importance of transparency in financial disclosures.
Summary This case revolves around the reassessment of income under section 147 of the Income Tax Act, 1961. The Income-tax Officer discovered a cash credit of Rs. 20,000 in the account books of the assessee, which was later revealed to be a bogus transaction linked to hawala dealings. The Tribunal ruled that the reassessment proceedings were justified, emphasizing the necessity for accurate disclosure of financial information. The case highlights the critical role of the Income-tax Officer in ensuring compliance with tax regulations and the legal ramifications of failing to disclose true financial activities. Key terms include Income Tax Act, reassessment, undisclosed income, and hawala transactions, which are essential for understanding tax compliance and evasion issues in India.
Court Punjab and Haryana High Court
Entities Involved Not available
Judges GAKAL CHAND MITAL, S.S. SODHI
Lawyers B.R. Mahajan, L.K. Sood
Petitioners KASHMIRI LAL, KASTURI LAL & Co
Respondents COMMISSIONER OF Income Tax
Citations 1991 SLD 70, 1991 PTD 250
Other Citations Hazi Amir Muhammad Mir Ahmed v. CIT (1977) 110 ITR 630 (P & H)
Laws Involved Income Tax Act, 1961
Sections 147