ASSTT C I T Vs. MINOOBHAI D IRANI

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned order dated 04.07.2000 passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as "the Tribunal") in ITA No.1/2000, with respect to block period for the Assessment Year 198889 to 199798, the appellantrevenue has preferred the present tax Appeal by raising the following substantial questions of law:

(2.) FACTS leading to the present Tax Appeal in nutshell are as under:

(3.) SHRI Sudhir Mehta, learned advocate appearing on behalf of the appellant has vehemently submitted that the learned Tribunal has materially erred in not treating the nondisclosure of the income earned by way of salary by the assessee as "undisclosed income" within the meaning thereof in section 158B(b) under Chapter XIVB of the Act on the ground that on the aforesaid amount of salary TDS was deducted. It is submitted that as such the aforesaid issue is now not res integra in view of the decision of the Hon'ble Supreme Court in the case of Assistant Commissioner of Income Tax v. A.R. Enterprises, 2013 350 ITR 489 . It is submitted that in the aforesaid decision in the case of A.R. Enterprises , the Hon'ble Supreme Court has held that since the tax to be deducted at source is computed on the estimated income of an assessee for the relevant financial year, such deduction cannot result into disclosure of the total income for the relevant assessment year and therefore, mere deduction of tax at source, doest not amount to disclosure of income, nor does it indicate the intention to disclose income most definitely when the same is not disclosed in the returns filed for the concerned assessment years. It is submitted that therefore nondisclosure of the income received by the assessee by way of salary was required to be treated as "undisclosed income" within the meaning thereof in Section 158B(b) under Chapter XIVB of the Act liable to tax at 60%.