Itxa/51/2003 Of Smt. Mohinibai S. Jain v. Asst. Comm. Of Income Tax Circle 5(2), Pune

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INCOME TAX APPEAL NO.51 OF 2003 Mohinibai S. Jain.. Appellantv/s.Assistant Commissioner of IncomeTax, Circle-5(2), Pune... RespondentMr.A.K.Jesani i/by Mr.P.Y.Vaidya for appellant.Mr.R.V.Desai, senior counsel with Mr.VijayKantharia i/by Mr.P.Kapur for respondent.CORAM: R.M.LODHA ANDJ.P.DEVADHAR, JJ.DATED:17thSeptember, 2004P.C.Heard Mr.A.K.Jesani, the learned counsel the appellant and perused the order of theTribunal. for 2. The Tribunal in its order observed thus- "9. In the case in hand, during theassessment proceedings, the assessee isfound to have introduced her income underthe garb of NRE gift to the extent ofRs.3.00 lakhs in her original return andwhen investigation was carried out andassessee was summoned she found that she isunable to substantiate the claim of NREgift because the same was bogus as donorclearly denied about having made any gift,she filed a revised return declaring amountof gift as income from undisclosed sources.So this way, she concealed the income byfurnishing inaccurate particulars in heroriginal return of income. The submissionthat revised return filed was, according tothe assessee, voluntary and faithfuldisclosures cannot be accepted, becausemere filing of the revised return is notenough. The background and thecircumstances in which such return is filed substantial question of law arises. Appeal is dismissed in limine. (R.M.LODHA, J.) (J.P. DEVADHAR, J.)