9911796707
TMI Blog2014 (8) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... on to examine the details of income, expenditure and deductible incomes etc. - Following the decision in Commissioner of Income Tax v. B.R.Shah and others [2013 (1) TMI 345 - SUPREME COURT] - payment of advance tax does not absolve an assessee from an obligation to file return disclosing total income for the relevant AY - income for that year would be treated as an undisclosed one - the contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Act. The searches were conducted on 30.11.1996 for the preceding ten years. In the course of block assessment, it was found that the respondents have paid advance tax for some assessment years, but did not file returns. The assessing officer took the view that the income for the corresponding years for which the returns were not filed partakes the character of undisclosed income and accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the view taken by the Tribunal, as to the manner in which the income of an assessee for an assessment year as regard which the returns were not filed, albeit the advance tax paid, is contrary to law. It is urged that the failure to file income tax return may itself lead to the conclusion of non-disclosure of income for the corresponding year and mere payment of the advance tax does not change th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law on this aspect, when the Tribunal decided the matter. That ambiguity is set at rest with the judgment of the Honble Supreme Court in B.R. Shahs case (supra). Their Lordships held that payment of advance tax does not absolve an assessee from an obligation to file return disclosing total income for the relevant assessment year. The consequences would be that income for that year would be tre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the controversies or issues. It is difficult to segregate the issues or to treat the findings on them as final. It is not uncommon that the finding on one issue would have its impact on the other. Now that the view taken by the Tribunal on an important aspect is not found to be correct, the remaining issues also must be examined afresh. We, therefore, allow the appeals and set aside the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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