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Interpretation of the Explanation to section 271(1)(c) of the Income-tax Act, 1961 for assessment years 1958-59 to 1962-63. Analysis: The High Court of Allahabad was tasked with interpreting the Explanation to section 271(1)(c) of the Income-tax Act, 1961, for the relevant assessment years. The Tribunal had referred a question regarding the applicability of the Explanation to the case, based on returns filed after April 1, 1964. The respondent's counsel argued that the question was academic due to the Tribunal's explicit finding that there was no concealment of income. The Tribunal's order highlighted that the returns were filed by the deceased's widow, who was not familiar with the business, and that the information provided was based on sales tax assessments. This led the Tribunal to conclude that there was no concealment of income in the case. The revenue's standing counsel contended that the Tribunal had overlooked the Explanation to section 271(1)(c) inserted by the Finance Act, 1964. The standing counsel emphasized that if the total income returned is less than the assessed income, the burden lies on the taxpayer to prove that the discrepancy was not due to fraud or wilful neglect. The standing counsel argued that the Tribunal's decision predated the insertion of the Explanation and, therefore, the question referred was still relevant and required an answer from the High Court. The High Court ultimately agreed with the respondent's counsel, stating that the Tribunal's finding of no concealment of income rendered the question academic. Even if the Explanation applied, the respondent had fulfilled the burden of proof. Therefore, the High Court returned the reference without answering the question. The parties were directed to bear their own costs in the reference, bringing the matter to a close without further legal implications.
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