TMI Blog1933 (1) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ncomeTax Act, 1922. The question that has been referred is: "Whether the amount of tax which would have been avoided if the income returned by the petitioner had been accepted as correct was computed in accordance with the provisions of s. 28, Income-Tax Act, 1922." Section 28, so far as it is material, runs as follows: "28(1). If the Income-Tax Officer, the Assistant Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of the 1930-1931 assessment they declared an income of ₹ 6,310. As set out in the reference. "in the course of the assessment proceedings the Income-Tax Officer discovered that the accounts produced did not contain the whole of the assessees' money-lending transactions, and that the assessees had other accounts which were not produced. The Income-Tax Officer in thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 28, the Income-Tax Officer refused to allow the assessees to adduce evidence of the income that in truth and in fact had accrued to them in the course of the year of assessment. Now Section 28 relates not to an assessment of income for the purpose of income-tax, but to the imposition of a penalty for making a deliberately false return of income; and by taking proceedings under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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