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Madras HC sets aside income tax department order imposing penalty on actress Trisha

The Madras high court has said that the actress had not been found guilty of deliberate concealment of income and set aside an order by the IT department asking her to pay a penalty of Rs1,16,11,000.

Manigandan KR

The Madras high court has dismissed a plea by the income tax department pertaining to the imposition of a penalty of Rs1,16,11,000 on actress Trisha Krishnan for alleged non-disclosure of income, during the year 2010-2011.

The plea, which was heard by chief justice Indira Banerjee and justice Sundar, was filed by the Income Tax department after an income tax appellate tribunal set aside the penalty imposed on the actress.

It all began in September 2013 when a deputy commissioner of the income tax department imposed a penalty of Rs1,16,11,000 on the actress, alleging that she had concealed an income of Rs3,51,71,053  during the financial year 2010-2011 and that she had not presented due tax receipts to show she had paid tax on the sum that she had shown as income. 

Trisha challenged the order imposing a penalty on her in the income tax appellate tribunal, saying that she had shown details of this income (advances paid for films) in the revised income tax returns that she had filed in 2012-2013.

Trisha said the order to impose a penalty on her had been passed without taking into consideration that she had filed revised returns in which she had presented all the details. After examining her plea, the income tax appellate tribunal dismissed the imposition of penalty. The income tax department then chose to file a plea in the Madras high court against the income tax appellate tribunal's order cancelling the penalty imposed on the actress.

Delivering the judgment in this case, the Madras high court observed that Trisha was not guilty of deliberate concealment of income and was not liable to be mulcted with penalty under the Income Tax Act.