9911796707
|
Home
Issues: Whether the assessee concealed income by claiming a deduction for interest without a genuine liability for the assessment year 1956-57.
Analysis: The case involved the assessment of an assessee company for the year 1956-57 regarding a claim for deduction of interest. The company credited an account with interest, claimed a deduction, but the authorities found the concern to be non-genuine with no interest paid or payable. Consequently, the deduction claim was disallowed. Penalty proceedings were initiated under section 28(1)(c) of the Income-tax Act, resulting in a penalty imposition of Rs. 32,554. The Appellate Assistant Commissioner's findings, confirmed by the Tribunal, highlighted the non-existence of the named person, identification of funds with a group, lack of stipulated interest payment, and confirmation of penalties in similar circumstances for subsequent years. The counsel for the assessee argued that the funds belonged to a different group, not directly linked to the assessee, emphasizing the absence of evidence of interest payment obligation. Referring to the Supreme Court's decision in CIT v. Anwar Ali, the counsel contended that the mere absence of evidence, without proving deliberate concealment, does not establish guilt. Conversely, the Department's counsel argued that the case differed from Anwar Ali's as it involved expenditure deduction, not income receipt, and pointed out the Tribunal's findings of no obligation or oral agreement for interest payment, indicating the assessee's wrongful deduction claim with knowledge of the non-liability. Ultimately, the Court upheld the Tribunal's finding that the assessee concealed income by wrongly claiming the deduction without a genuine liability for interest payment. Relying on substantial evidence, the Court concluded that the assessee's conduct amounted to concealment. The question was answered against the assessee, who was directed to pay costs to the Revenue.
|
