April 2023
Offences and prosecution — Willful attempt to evade tax — Failure to produce accounts and documents — Concealment of income — Failure to disclose foreign account opened in year 1991 when the assessee was 55 years of age — Admission regarding foreign bank account after investigation by the department and issue of notices and levy of penalty — Assessee cannot take the benefit of circular recommending no prosecution where the assessee is aged 70 years or more at time of offence — Prosecution justified.
By K. B. Bhujle, Advocate
4 Rajinder Kumar vs. State
[2023] 451 ITR 338 (Del)
A. Y.: 2006-07
Date of order: 16th December, 2022
Sections 271, 271(1)(b), 274, 276C(1), 276D and 277 of ITA 1961
Offences and prosecution — Willful attempt to evade tax — Failure to produce accounts and documents — Concealment of income — Failure to disclose foreign account opened in year 1991 when the assessee was 55 years of age — Admission regarding foreign bank account after investigation by the department and issue of notices and levy of penalty — Assessee cannot take the benefit of circular recommending no prosecution where the assessee is aged 70 years or more at time of offence — Prosecution justified.In the year 2011 based on the information received from France that the assessee had opened an account in a bank in London on 20th August, 1991, a search and seizure was conducted under section 132 of the Income-tax Act, 1961 at various business premises and residence of the assessee on 23rd August, 2011. A notice under section 153A was issued to the assessee to file a return. A penalty was levied for the failure to comply with notices issued under section 142(1). The assessee filed a revised return for the A. Y. 2006-07 declaring the balance in the bank account in London as income from other sources on the basis of details provided at the time of search and assessment proceedings.
A notice under section 277, r.w.s 279(1) was issued and the as
