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HC set-aside order allowing SetCom application as assessee failed to make full disclosure of undisclosed income

April 22, 2019[2019] 107 283 (Delhi)/[2019] 265 Taxman 110 (Delhi)/[2019] 414 ITR 176 (Delhi)

INCOME TAX: Where pursuant to search proceedings, assessee filed return declaring certain undisclosed income in respect of amount borrowed and, thereupon, he filed an application under section 245C wherein lower amount was declared as undisclosed income, in view of fact that assessee failed to prove that loan entries were genuine and his statement recorded in course of search proceedings was under coercion, he did not approach Settlement Commission with clean hands and, thus, impugned order passed under section 245D(1) allowing assessee's application to be proceeded with, was to be set aside
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