TMI Blog1978 (2) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... tial facts for disposing of this reference may be stated thus : In the assessment proceedings it was found that the income returned by the assessee did not represent its true income and, therefore, the Income-tax Officer made an estimate of the income of the assessee. The amount fixed as the income, which had not been returned by the assessee, by the Income-tax Officer, was reduced in appeal by the Appellate Assistant Commissioner and further reduced in the appeal before the Tribunal. The Tribunal fixed the amount to be added to the income returned by the assessee at Rs. 50,000. That was the end of the assessment proceedings. But that did not end the troubles of the assessee, for, proceedings were initiated under section 28(1)(c) of the Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticulars of such income, he or it may direct that such person shall pay by way of penalty in the case referred to in clause (a), in addition to the amount of the income-tax and super-tax, if any, payable by him a sum not exceeding one and a half times that amount, and in the cases referred, to in clauses (b) and (c), in addition to any tax payable by him, a sum not exceeding one and a half times the amount of the income-tax and super-tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income. " It is not enough for the purpose of section 28(1)(c) to establish that there has been concealment or that the assessee has furnished inaccurate particulars of his income. In order t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has dealt with the matter rather elaborately, discussing the reasons for coming to the conclusion that there has been concealment. After discussing three grounds, it came to the conclusion in paragraph 7 of its order at page 57 of the typed set of papers that " thus all the three grounds on which penalty is sought to be sustained by the revenue establish concealment of income by the appellant, and the penalty provisions are clearly attracted ". For this finding we find that there was enough material before the Tribunal and we see no reason to differ ; nor are we entitled to differ from the correctness of the finding that had been made the subject-matter of the question that has been referred to us. In the light of the above we have t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sum of Rs. 2,850, commission said to have been paid to one S. A. Kabir. The said Kabir appeared before the authorities and stated that he had received the amount. But the Tribunal appeared to doubt the correctness of that statement of Kabir and did not accept his evidence and did not accept the fact of the payment of this commission of Rs. 2,850. There are two further sums of Rs. 2,500 which are said to have been paid to two other brokers by way of commission, namely, one Thangavelu and one B. S. S. Mani. Both these persons appeared before the authorities and denied the fact of having received the amount. The Tribunal, therefore, came to the conclusion that these three amounts have been claimed by the assessee by way of expenses without j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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