1971 (3) TMI 29 - HC - Income Tax

It was for the Income-tax Officer to show by clear evidence that the assessee could be reasonably said to have wilfully concealed material particulars of his income - Tribunal was not right in imposing penalty under section 28(1)(c) of the Income-tax Act, 1922

Summary

The High Court of Allahabad considered a case involving a penalty imposed under section 28(1)(c) of the Income-tax Act, 1922. The Income-tax Officer imposed a penalty of Rs. 3,000 on the assessee for undisclosed income. The Tribunal upheld the penalty, but the High Court disagreed, stating that the burden of proof rested on the Income-tax Officer to show willful concealment of income. The penalty was set aside, and the assessee was awarded costs of Rs. 200.