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TMI Blog1989 (9) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... l dt. 30th March, 1989; "(1) Whether in the facts and under the circumstances of the case the Tribunal is justified to confirm and impose penalty under s. 271(1)(c) at Rs. 26,000 in view of the fact that the addition on estimate was sustained in the assessment at Rs. 26,000 on payment of wages? (2) Whether in the facts and under the circumstances of the case the Tribunal is right to hold tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee was not able to establish. On further appeal the CIT(A) reduced the addition to Rs. 52,000 and the Tribunal to Rs. 26,000. 3. The AO also initiated penalty proceedings under s. 271(1)(c) of the IT Act, 1961. The assessee raised no objection before the ITO in the penalty proceedings. On further appeal the CIT(A) cancelled the penalty. The Revenue being aggrieved brought the issue b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CIT(A) dt. 11th Nov., 1985 cancelling the penalty which is best evidence in favour of the assessee it has been observed as under. "I was of the view that if the assessee had been maintaining maintaining complete records in respect of attendance and wages payments to workers in its regular course of business and if the ITO wanted to satisfy himself regarding their genuineness by a thorough exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or by adducing other corroborative evidences if the matter was restored to the ITO for further scrutiny, the assessee's representatives expressed their helpnessness as the workers were engaged on casual basis and their where-abouts were not now known. On these facts I uphold the conclusion of the ITO." It is thus evident that the assessee was not able to substantiate its claim on material fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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