TMI Blog1994 (1) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts and in the circumstances of the case, the Appellate Tribunal is correct in holding that the assessee had not concealed particulars of his income and, accordingly, in cancelling the penalty of Rs. 29,000 imposed under section 271(1)(c) for the assessment year 1967-68 ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that mere di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Nanjappa Devar's son there is no ground for the levy of penalty under section 271(1)(c). " On that ground the penalty levied was cancelled. Aggrieved by that order, at the instance of the Revenue the abovesaid two questions were referred. It is not in dispute that the Supreme Court in CIT v. Anwar Ali [1970] 76 ITR 696 has held that the fact that the assessee's explanation regarding a cash cre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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