TMI Blog1993 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) of the Income-tax Act, 1961. Thereafter, that is on July 21, 1971, the assessee filed a revised return of his income disclosing that his income was Rs. 26,611. The Income-tax Officer, on verification of the books of account of the assessee, found that the assessee had not given details of the amounts received as brokerage and in the absence of vouchers or receipts, the correctness of the amounts received was not verifiable. He, therefore, made a maximum addition of Rs. 2,000 and determined the income of the assessee at Rs. 28,611. While passing the order of assessment, the Income-tax Officer also directed that a notice be issued to the assessee under section 274 for penalty under section 271(1)(c) of the Act inasmuch as the assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice under section 143(2) of the Act. The Income tax Officer levied a maximum penalty of Rs. 31,320. This order of penalty was challenged by the assessee by filing an appeal before the Appellate Assistant Commissioner but without any success. The second appeal to the Tribunal also met with the same fate. Thereupon, the assessee moved the Tribunal to refer the following four questions to this court on the ground that they arose out of the order of the Tribunal : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the levy of penalty under section 271(1)(c) of the Income-tax Act, 1961 ? (2) Whether the finding of the Tribunal that the revised return was not voluntary is sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fer questions Nos. 2 to 4 to this court. Not only that, but question No. 1, that is, the question referred to us, will have to be answered in the context of the findings recorded by the Tribunal and which findings are now no longer open to challenge. As stated earlier, the Tribunal has recorded a finding that "it cannot be said that the revised return in such circumstances was filed by the assessee of his own accord and sweet will". Thus, the revised return filed by the assessee has not been treated as a voluntary return, meaning thereby that it was not a revised return filed bona fide on discovery of any mistake. The Tribunal has in terms recorded a finding that there was no scope for any mistake being committed. This finding has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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