TMI Blog1973 (1) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... ivered by GOVINDAN NAIR J.-The question referred to us by the Income-tax Appellate Tribunal, Cochin Bench, is in these terms : " Whether, on the facts and in the circumstances of the case, the levy of penalty under section 28(1)(c) was justified ? " When a question of this nature is referred to us, we naturally turn to Anwar Ali's case and that is the decision that has been relied on by cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis of the rejection of the explanation of the assessee contained in the order of the Tribunal in the assessment proceedings or whether there was a finding that there has been a concealment of income. We shall extract a part of the order of the Tribunal in the penalty proceedings dealing with this aspects: " 9. Having considered the facts and arguments, we are convinced that the provisions of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been concealed. When it is shown that some income had been concealed, the penalty provisions are attracted. We uphold the penalty order and we do not see any extenuating circumstance to interfere with the amount of penalty." The above finding of the Tribunal we are not prepared to say is based on no relevant material. There is a clear finding by the Tribunal and that, we think, discharges th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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