Supreme Court of India
Mak Data P. Ltd. v. Commissioner of Income Tax-ii
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What the Court ordered
We are of the view that the surrender of income in this case is not voluntary in the sense that the offer of surrender was made in view of detection made by the AO in the search G conducted in the sister concern of the assessee .. In that situation, it cannot be said that the surrender of income was voluntary.
Judgment, page 8
From the headnote
Income Tax Act, 1961 - s.271 rlw s.274 - Explanation 1 to s.271(1)(c) - Scope of - Concealment of income - Penal proceedings against appellant - Challenge to - Held: Explanation to s.271(1) raises a presumption of concealment, when a difference is noticed by the AO, between reported and assessed income - Burden is then on the assessee to show otherwise, by cogent and reliable evidence - When the initial onus placed by the Explanation, is discharged by him, the onus shifts on the Revenue to show that the amount in question constituted the income and not otherwise - The law does not provide
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