9911796707
TMI Blog1977 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... that the amounts of deposits actually belonged to the assessee - No question of law arose out of the Tribunal's order - assessee's appeal is dismissed - - - - - Dated:- 10-3-1977 - Judge(s) : S. MURTAZA FAZAL ALI. and P. N. BHAGWATI. JUDGMENT The judgment of the court was delivered by BHAGWATI J.-- These appeals by special leave are directed against an order passed by the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and hence the income from the fixed deposit receipts should have been included in the returns of the assessee for the assessment years 1955-56 to 1958-59, but the assessee had concealed this income and not shown it in its returns and thus rendered itself liable to penalty under section 28(1)(c) of the Act. The Income-tax Officer accordingly imposed penalty on the assessee for each of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blish that the assessee concealed the particulars of his income or deliberately furnished inaccurate particulars thereof and, in the circumstances, it is not enough for the revenue merely to show that a certain amount was received by the assessee but it has to go further and prove that it constituted the income of the assessee. Clearly, therefore, in the present case, the onus was on the revenue t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, it was admitted on behalf of the assessee that the amounts of both fixed deposit receipts at one time belonged to the assessee and there was absolutely no material produced on behalf of the assessee to show that these two amounts had at any time been gifted by the assessee to the wife of Mathura Prasad and in any event no such gift could be validly made by the assessee to the wife of one of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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