TMI Blog2007 (7) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... d been assessed for several assessment years prior to the assessment year in question, that is, 1984-85 - 21 of 1997 - - - Dated:- 16-7-2007 - SUSHIL HARKAULI and K. N. OJHA JJ. JUDGMENT 1. We have heard both sides. 2. The following questions are being sought to be called as a reference by way of this application. "1. Whether, on the facts and in the circumstances of the case, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal has held as follows in paragraph 5 of the order dated December 18, 1996. "We have heard the rival contentions. The assessment order has noted that for the assessment year 1983-84, the assessee had shown income of Rs. 35,80,620 in its return. The learned Departmental representative did not dispute that the assessee was assessed the tax for several assessment years before the assessment y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of return by a previously assessed assessee amounts to concealment. Thus, the first question sought to be called is frivolous. 5. So far as the second question is concerned, we have not been shown under which other substantive provision of the Income-tax Act, penalty can be imposed for concealment when the non-filing of return by an assessee who had been assessed for several assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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