9911796707
TMI Blog1981 (7) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... e IT Act, 1961, has been deleted. 2. Facts briefly stated are that the assessee filed the return of income for the assessment year under appeal on 18th Oct., 1976, income declared was at Rs.44,190. The assessment was framed under s. 143(3) of the Act at Rs. 49,850. The assessee, after the assessment was completed, and as on 29th Sept., 1977, made a petition with the ITO to the effect that inad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced his income by debiting the sales-tax twice and since the assessee was assessed in the status of individual, the incidence of tax was quite heavy and intentionally, the assessee reduced his income to avoid the tax. 4. In appeal by the assessee, the AAC of Income-tax, deleted the penalty. He agreed with the contentions raised on behalf of the assessee that the ITO's action of imposition of pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd there was no question of any concealment much less imposition of penalty. He also held that the notice under s. 148 of the Act was issued on the basis of a petition made by the assessee. 5. This time the Revenue is aggrieved, hence we are seized of the matter. We have heard the ld. Rep. of the parties at length. We have also perused carefully the orders of the lower authorities as also the of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt the inference that prior to the making of the petition by the assessee, there has been any enquiry against the assessee or else any notice to the assessee and accordingly, on the facts and in the circumstances of the assessee's case with which we are presently seized of, the only and irresistible conclusion that can be drawn is, that there has been no detection on the part of the Revenue much l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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