1985 (8) TMI 24 - HC - Income Tax

Summary

The High Court of Rajasthan held that penalty for concealment of income is imposable based on the date of filing the original return, not the date of assessment order. The decision was based on the Supreme Court case of Brij Mohan v. CIT [1979] 120 ITR 1. The penalty under section 271(1)(c) of the Income-tax Act is to be imposed with reference to the date of commission of the offense, which is the date of filing the original return. The Court ruled in favor of the assessee, stating that penalty should be imposed according to the law in force at the time of filing the return.