TMI Blog1999 (9) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... T. A. No. 125 of 1980, the Appellate Tribunal, New Delhi, has referred the following questions stated to be of law and to arise out of its order dated October 27, 1979, passed in I. T. A. No. 1393/Delhi of 1978-79 for the assessment year 1972-73 for the opinion of this court : "1. Whether, on the facts and in the circumstances of the case, the assessee could be held to have discharged the onus u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 106 ITR 307, a conditional surrender of cash credits or agreement to certain assessment does not attract penalty proceedings. On the facts and in the circumstances of the present case, it appears to be obvious that the income assessed by the Income-tax Officer was agreed to by the appellant as a measure of co-operation and with a view to escaping penal consequences, I find from the assessment ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner on the facts of the case we decline to interfere." We have heard Sri A. N. Mahajan, learned counsel for the Commissioner. No one has appeared for the respondent. The finding that the assessee had agreed to a higher assessment on the condition that no penalty would be imposed, is a finding of fact. Similarly, the finding that no actual concealment was established is also a finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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