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1985 (11) TMI 26

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..... further rigorous imprisonment for sixty days, under section 227 of the Income-tax Act. The petitioner is an active partner in a firm known by the name and style of Messrs Himalaya Medical Store, Hoshiarpur. The petitioner filed a return under his own signature for the firm for the assessment year 1977-78. This return included the income of the business at Hoshiarpur as well as a branch of the co .....

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..... went up before the Income-tax Appellate Tribunal but the appeal was dismissed and the order of the Commissioner of Income-tax (Appeals) was upheld. The Income-tax Officer after the decision of the appeal by the Tribunal issued a notice to the petitioner to show cause as to why penalty should not be levied on him. However, after the receipt of the reply from the petitioner, the Income-tax Officer .....

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..... judge was that the petitioner offered the peak credit to the Department for the purpose of securing peace with it so that the learned Additional Sessions Judge thought that the surrender made by the petitioner amounted to an admission on his part regarding concealment of income. But I am afraid that the learned Additional Sessions Judge was not justified in treating the statement of the petitione .....

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