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TMI Blog1984 (9) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... stion of law to this court for its opinion: " Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in cancelling the penalty levied by the Inspecting Assistant Commissioner under section 271(1)(c) ? " The question of concealment of income is primarily a question of fact, unless it is shown that in arriving at the said conclusion of fact one way or the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id question to this court, it is apparent that the Tribunal has kept in view the given explanation and applied the legal principles correctly. In substance, it has held that the assessee had discharged the initial burden by adducing requisite material on the record and since the onus shifted to the Department to lead evidence in order to rebut the evidence adduced by the assessee and the Revenue l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jagir Singh decided on July 12, 1984 [1985] 154 ITR 633) and this court repelled the contention with the following observations (at p. 636) " Learned counsel for the Revenue, however, maintained that in the light of the Full Bench decision in Vishwakarma Industries' case [1982] 135 ITR 652 (P H), the Tribunal could not require the Revenue to prove the falsity of the explanation. This assertio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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