9911796707
TMI Blog2024 (8) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... als collected during the search were never put to the Review applicant prior to his filing of the voluntary revised returns of income and there is no material to show that he was aware of the documents collected in the premises of M/s.Apollo Hospitals. In such circumstances, it can be reasonably presumed that there is no deliberate or wilful omission on the part of the Review applicant. The review applicant is on the same footing as that of Dr.R.Gopalakrishnan [ 2010 (7) TMI 1233 - MADRAS HIGH COURT] and he also is entitled to the same relief as Dr.R.Gopalakrishnan was entitled to. Superadded, from the facts obtaining in this case, this Court has no incertitude in holding that the plea of the learned counsel for the Review applicant that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal is correct in law in sustaining the levy of penalty u/s 271(1)(c) of the Act with reference to the facts of the present case in spite of the decision of this Hon'ble Court rendered in T.C.Appeal No.52/2010 dated 5.7.2010 considering identical facts while involving the survey operations conducted in the hands of M/s.Apollo Hospitals Ltd and further in spite of the decision of the Co-ordinate Bench rendered in the case of Dr.Madanmohan Reddy on 2.7.2010 under identical circumstances? 3. Whether the Appellate Tribunal is correct in law in sustaining the levy of penalty u/s 271(1)(c) of the Act with reference to the facts of the present case even though the revised return filed on 15.3.2006 incorporating the income from the source of M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w Applicant, the Tribunal reversed the appellate order relating to deletion of penalty. Adding further, the learned counsel submitted that the Review Applicant filed his revised return of income on 15.03.2006 but notice under section 148 was issued by the department only on 19.03.2008 i.e., after a lapse of two years, which would demonstrate the bona fides of the applicant in filing the revised return of income voluntarily before the proceedings were initiated against him. Furthermore, the Tribunal had not considered the order dated 18.08.2010 of its co-ordinate bench passed in the case of Dr. R. Gopalakrishnan in I.T.A. Nos.853 to 856/Mds/2010 involving identical set of facts for the assessment years 2001-2002, 2002-2003, 2003-2004 and 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the other hand, submitted that the issues involved in the present case and in the case of Dr.R.Gopalakrishnan are not one and the same and therefore, prayed for dismissal of these review applications. 5. Heard both sides and perused the records. 6. At the outset, it is to be noted that the jurisdiction and scope of review is not that of an appeal and it can be entertained only under the three grounds viz., (i)discovery of new and important matter or evidence which after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time, when the decree or order was passed; (ii)mistake or error apparent on the face of record; and (iii)for any other sufficient reason. Hence, a Review appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income voluntarily, which was also accepted by the Department. What is disputed is the imposition of penalty, especially, when the Review applicant had already paid the entire tax amount for the assessment years in question. 9. The pleadings projected before us, would make it evident that the Review applicant has not filed these review applications based on new facts. Further, it is discernible from the records that the materials collected during the search were never put to the Review applicant prior to his filing of the voluntary revised returns of income and there is no material to show that he was aware of the documents collected in the premises of M/s.Apollo Hospitals. In such circumstances, it can be reasonably presumed that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
