TMI Blog2008 (3) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... - D. A. MEHTA and Z. K. SAIYED JJ. Manish R. Bhatt for the Commissioner. Ketan H. Shah for the assessee. JUDGMENT The judgment of the court was delivered by D. A. Mehta J.- The Income-tax Appellate Tribunal, Ahmedabad Bench-B, has referred the following question, for the opinion of this court, at the instance of the Commissioner of Income-tax under section 256(1) of the Income-tax Act, 1961 ("the Act") : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that penalty under section 271(1)(c) is not leviable in this case as the assessee has filed revised return before it was actually 'detected' by the Department ?" 2. The assessment years, in questions, are 1985-86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct because, according to the Assessing Officer, the revised returns had not been filed voluntarily but only consequent upon the search and seizure proceedings taken by the Revenue. The Assessing Officer came to the conclusion that the assessee was guilty of concealment of income by furnishing inaccurate particulars in the original returns of income and for this purpose, apart from the factum of the assessee having declared the amounts standing to the credit of the family members in the bank accounts, the Assessing Officer noted that such an amount reflected by the bank accounts in the name of the family members were not commensurate with the known sources of income of those family members and the pass books of the bank accounts were found f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detected by the Department or was it offered to buy peace and avoid litigation as claimed by the assessee in the covering letter filed along with the return." 6. Thereafter, referring to the dictionary meaning of term "detection", the Tribunal has noted that in the present case admittedly some steps were taken by the Departmental authorities for finding out the concealment indulged into by the assessee as well as other co-partners in various firms. The Tribunal further noted certain queries were raised from the assessee but no specific notice was issued by the Departmental authorities alleging particular item of income which has been concealed by the assessee. Thus, there was only a prima facie belief that the assessee has concealed hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee when the return of income was originally filed and declaration in the revised returns did not absolve the assessee so as to delete the penalties imposed. That in fact, the Tribunal ought to have dealt with the issue as to what was the explanation of the assessee for not originally disclosing the income declared in the revised returns. In support of the propositions, various decisions have been cited on behalf of the applicant-Revenue. 9. Mr K. H. Shah, the learned advocate appearing for the respondent-assessee, has supported the impugned order of the Tribunal by referring to the findings recorded by the Tribunal. It was also submitted that the revised returns of income were voluntary in nature and, in fact, there was no a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndings recorded on the basis of evidence appreciated by the Tribunal, the court does not find it necessary to deal with any other issues considering the question referred for the opinion of this court. In fact, there is no material on record to indicate that the aforesaid finding of the Tribunal is incorrect in any manner whatsoever. Furthermore, the Tribunal has also noted as a matter of fact that the very same amounts standing to the credit of the bank accounts of various family members had already been assessed by the Departmental authorities along with interest in the hands of the family members and it was also an admitted position that those family members have nowhere admitted that the family members were benamidars of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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