TMI Blog1989 (4) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... assessed at Rs. 50,892 as against the returned income of Rs. 41,490 for the assessment year 1974-75. The returned income, was more than 80 per cent. of the assessed income and, therefore, the Explanation to section 271 (1) (c) was not applicable and the burden of proof was on the Department to show, that penalty was leviable. However, all the authorities up to the Tribunal seem to have placed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the assessee and since he failed to give any satisfactory explanation, the penalty was leviable. Since the Tribunal proceeded to consider the matter from a wrong view-point, it is a case which deserves to be sent back for fresh decision in accordance with law. For the reasons recorded above, we are of the view that the Tribunal was not right in sustaining the penalty by wrongly placing the bur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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