1971 (4) TMI 27 - HC - Income Tax

Leviability of penalty - evidence on records are insufficient to prove beyond reasonable doubt that the assessee had actually earned the income and that he had concealed the same penalty not leviable

Summary

The High Court of Allahabad set aside a penalty imposed on an assessee under section 28(1)(c) of the Income-tax Act, 1922, as there was insufficient evidence to prove concealment of income. The Tribunal ruled in favor of the assessee, citing lack of satisfactory evidence to establish guilt under section 28(1)(c). The question referred by the Commissioner of Income-tax was answered in the negative, favoring the assessee. The assessee was awarded costs of Rs. 200.