Concealment of Income::

Last updated: 07 September 2007

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Court :
High Court

Brief :
Held by the Hon"ble court that the expression "money" has different shades of meaning. In the context of income tax provisions, it can only be a curreny token, bank notes or other circulating medium in general use, which has representative value. The high denomination currency notes on the day when it was found to be in possession of the assessee were only scraps of paper as RBI refused to exchange them and could not be used as circulating medium in general use. Hence could not be treated as unexplained money and penalty could not be imposed under section 271(1)(c) of the Income-tax Act, 1961.

Citation :
C.I.T. Vs. Andhra Pradesh Yarn Combines P. Ltd.

Concealment of Income C.I.T. Vs. Andhra Pradesh Yarn Combines P. Ltd. 1/16/2006 (2006) 282 ITR 490 (Karnataka) Case Fact: Whether demonetised high denomination notes having no value be regarded as unexplained money and treated as concealment of income? Decision: Held by the Hon"ble court that the expression "money" has different shades of meaning. In the context of income tax provisions, it can only be a curreny token, bank notes or other circulating medium in general use, which has representative value. The high denomination currency notes on the day when it was found to be in possession of the assessee were only scraps of paper as RBI refused to exchange them and could not be used as circulating medium in general use. Hence could not be treated as unexplained money and penalty could not be imposed under section 271(1)(c) of the Income-tax Act, 1961.

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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