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Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The Settlement Commission's order accepting the additional ...


Gift receipts accepted, penalty waived; interest applicable. Justified 'spirit of settlement'. Conditions u/s 115BBE not met. No interference warranted.

Case Laws     Income Tax

August 14, 2024

The Settlement Commission's order accepting the additional income offered as cash gifts from relatives was reasonable and fair. The immunity from penalty and prosecution was ordered, but interest u/ss 234A, 234B, and 234C was to be levied. The assessee filed an affidavit u/r 8 explaining the receipt of gifts, which was not rebutted by the revenue. The Settlement Commission's conclusion to accept the explanation 'in the spirit of settlement' was justified. The Commission observed that the conditions prescribed u/s 115BBE were not met. The HC held that the Settlement Commission's reasoned order, in keeping with the spirit of settlement under Chapter XIX-A, did not warrant interference.

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