1986 (3) TMI 147

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..... sessee in addition to some of the expenses met by his father. Therefore, he made addition of Rs. 10,000 as assessee's income from undisclosed sources. Simultaneously he initiated penalty proceedings. The assessee's defence was that there had been no default on his part inasmuch as the assessee had neither concealed any particulars of his income nor had furnished any inaccurate particulars. Additio .....

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..... ejected his contention and ultimately levied a penalty of Rs. 1,166. The same has been confirmed by the AAC(A). The assessee has come up in second appeal before the Tribunal. 2. I have heard the representatives of the parties at length in this appeal, Assessee's representative contended that the penalty in the present case had been levied on estimate of higher household expenses and such a penalt .....

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..... lf had admitted that no records have been maintained by the assessee for household expenses. He had estimated the household expenses of the assessee at Rs. 51,520. The withdrawals had actually been shown Rs. 31,520. The assessee simply could not give the details of the household expenses and this had been used as evidence against the assessee. The Tribunal had accepted some of the items of expense .....

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..... is marriage. In this behalf some evidence were produced on behalf of the assessee that his father had spent some money on his marriage in any case the addition on account of low expenses on marriage should be made to the father's income. It was no where the assessee's case that besides the marriage, the father had supported him in his day living. This plea was only urged before me at the time of h .....

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..... s. CIT (1981) 23 CTR (P&H) 10 : (1982) 135 ITR 593 (P&H) a finding in the assessment proceedings was held to be sufficient for the purpose of levy of penalty, because there was no further evidence during the penalty proceedings. Consequently, I am of the opinion that there is no force in this appeal which is hereby dismissed. 3. In the result, the appeal is dismissed.
Case laws, Decisions, Ju .....

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