1970 (7) TMI 18

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..... ome-tax Appellate Tribunal, Bombay, has referred to this court for its opinion the following question of law : " Whether for the concealment of income for the assessment year 1958-59 a penalty under section 271(1)(c) of the Income-tax Act 1961, could be validly imposed on the assessee ? " The material facts giving rise to this reference are these. The relevant assessment year is 1958-59, the co .....

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..... Act came into force on April 1, 1962. The Inspecting Assistant Commissioner served upon the assessee the necessary show cause notice, heard him at length and came to the conclusion that the provisions of section 271(1)(c) were attracted and levied on March 12, 1965, a penalty of Rs. 3,000. On appeal, the Appellate Tribunal confirmed the levy of the penalty and declined to make a reference. It was .....

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..... of April, 1962, may be initiated and any such penalty may be imposed under this Act ". We may mention here that the validity of this provision was challenged, and affirmed by the Supreme Court in Jain Brothers v. Union of India. The learned counsel for the assessee argued that this was not a fit case for imposition of a penalty because there was really no concealment of income. The assessee sou .....

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