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Issues involved: Assessment of undisclosed income based on seized documents, imposition of penalty u/s 271(1)(c) of the Income Tax Act, rejection of purchase entries in Uchanti Bahi, questions referred to the High Court under s. 256(1) of the I.T. Act.
Assessment of Undisclosed Income: The assessee, a registered firm engaged in manufacturing and sale of various machines, had undisclosed transactions in a seized Uchanti Bahi. The Income Tax Officer (ITO) added the undisclosed amount to the assessee's income. The Appellate Authority Commission (AAC) reduced the addition to 20% of the sales, and the Tribunal further allowed a 2% reduction in gross profit. The Tribunal upheld the principles followed in determining income from the undisclosed transactions. Imposition of Penalty: The Income Tax Appellate Tribunal (ITAT) levied a penalty u/s 271(1)(c) on the assessee for concealing income found in the Uchanti Bahi. The penalty was reduced to 40% of the tax sought to be evaded. The Tribunal held that the penalty was rightly levied due to the concealment of income. Rejection of Purchase Entries: The Tribunal rejected the purchase entries in the Uchanti Bahi due to reasons such as the Bahi being mala fide suppressed, lack of purchase vouchers, and inadequate profits shown. The Tribunal affirmed the ITO's decision to reject the purchase entries, stating that the reasons provided were valid and relevant. Questions Referred to High Court: The assessee sought to refer questions to the High Court under s. 256(1) of the I.T. Act, which were declined by the Tribunal. The questions included whether the Uchanti Bahi business was independent, the weight given to the Bahi statement, and the legality of penalty u/s 271(1)(c). The High Court found that the rejection of purchase entries was justified, and the concealment of income was established, leading to the penalty imposition. The High Court answered the questions against the assessee and in favor of the revenue, upholding the Tribunal's decisions.
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