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2002 (11) TMI 16 - HC - Income TaxPenalty - concealment of income – burden of proof - When the appellant had filed explanation in reply to the notice, the Assessing Officer as well as the appellate authorities are bound to consider the explanation in the light of clause (B) to Explanation 1 to the section 271(1)(c) of the Act. In this case, the Tribunal had erroneously cast the burden on the department - Tribunal has to consider the entire matter afresh both in respect of facts and in respect of law with particular reference to Explanation 1(B) of section 271(1)(c) - We accordingly set aside the order of the Tribunal impugned in this appeal and remit the matter to the Tribunal for fresh disposal
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