9911796707
TMI Blog1978 (7) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... owing total income of Rs. 6,346 and that assessment was completed under s. 143(1) of the Act. Subsequently on the basis of certain information the ITO came to know that the assessee's income from share of the firm M/s. Niranjan Agarwal Karba as also his income from another truck numbering ORJ 3361 were not included in the original return. The ITO, therefore, reopened the assessment and after issui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concealed by the assessee which was in fact done by the ITO. Reliance was placed on the decisions of the Orissa High Court in the cases of K.C. Behera and Others(1), and Dhadi Sahu(2), in support of the submissions made on behalf of the assessee. The AAC after going through the facts of the case and considering the current law applicable for levy of penalty in this case held that quantum of penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was filed by his lawyer on the basis of his source of income as in the immediately preceding year although the said lawyer was duly informed about the new sources of income earned by the assessee during the year under appeal. He, therefore, submitted that only minimum penalty should have been imposed in this case. The learned Departmental Representative, on the other hand, contended that the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncealment of assessee regarding his sources of income from share of a firm and that from a new truck while filing original return of income by him. There was also no evidence to show that the assessee's lawyer was instructed to include these two incomes in the original return and, that the said lawyer intentionally excluded these incomes. If that was the case of the assessee, he should have disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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