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TMI Blog1984 (1) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... late Tribunal, the same was confirmed. Then came the turn for levying penalty. The IAC undertook the exercise and requisite notice for the purpose was served on the assessee for January 31, 1972. The assessee did not put in appearance but sent an application requesting for an adjournment. The prayer was rejected and the decision communicated. The assessee kept mum thereafter. The IAC thus proceeded in the absence of the petitioner and came to hold that the assessee had not been able to show that the difference between the assessed and the returned income was not due to any fraud or any gross or wilful neglect, and thus he should be deemed to have concealed the particulars of its income or furnished inaccurate particulars of such income. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 18, 1976. This court allowed the prayer by observing as follows : " On appeal, the Tribunal set aside the levy of penalty on the ground that no penalty could be imposed for a mere discrepancy in the stock statement as declared to the bank and as shown by the assessee in his books. On these facts, we think that the following question arises for our consideration and we direct the Tribunal to state a case and refer the question for our decision : 'Whether, on the facts and in the circumstances of the case, it could be said that the Tribunal bad any evidence before it from which it could be said that the assessee had discharged the burden that lay on him under the Explanation to section 271 (1)(c) of the Income-tax Act ?'" In obed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means and includes all statements made before the court which are called " oral evidence " and all documents produced before it for inspection which are called " documentary evidence ". That is a controlled meaning of the word for that Act. Yet, in certain proceedings, evidence in the form of affidavits, declarations and other means of the same kind is allowed to be adduced. But all such exercise is made before a court or a quasi-judicial Tribunal to make things obvious or manifest. In other words, the effort is to make things plainly visible or conspicuous. The object can also be achieved by a positive suggestion indicating an inference which adds to the plain visibility or manifestation. For the cause before it, the court or the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss profit shown in the books of account was too low as there were defects in the method employed for the accounts, did not automatically lead to the conclusion that there was failure to return the correct income by means of fraud or gross or wilful neglect. Though the onus to prove that it was not by means of any fraud or gross or wilful neglect was on the assessee, yet the quantum of proof to discharge it was that as required in a civil case, i.e., by preponderance of probabilities. This had been discharged by the assessee's producing regular books of account and that was " enough evidence " before the Tribunal to come to the view that the onus had been discharged. In the same manner, on the second particular, which in essence is the part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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