9911796707
TMI Blog1979 (4) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... . yrs. 1970-71 and 1971-72, the assessee-firm having filed the returns of income, the original assessments were completed by the ITO on income of Rs. 18,184 and Rs. 20,636 for the respective assessment years. 3. There was a search on 21st Nov., 1972 conducted by the IT Department on the business premises of the assessee-firm, and in course of the search some books of account and documents were seized and among the documents seized were one Roker Bahi of Kanhaiyalal & Co., one Bikri Bahi of Kanhaiyalal & Co. and one ledger marked `KL'. The ITO started investigations into the affairs oft the assessee-firm vis-a-vis original assessments and during these investigations the ITO examined one Shri S.C. Jain alias Baid and Shri U.C. Baid, partner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing the assessee-firm filed trading accounts, profit & loss accounts and balance-sheet of Kanhaiyalal & Co. to the ITO for the respective assessment years and as per those statements, income for the asst. yr. 1970-71 was Rs. 3,986 and for the asst. yr. 1971-72 the income was Rs. 9,906 respectively. In the reassessments made by the ITO, income of the assessee was computed for the two years as under: Asst. year 1970-71: . . "Total income as per original assessment: . Rs. 18,184 Income from M/s Kanhaiyalal & Co. . . Net profit Rs. 3,986 . Add: . . Introduction of opening capital of Rs. 500 deposited in the Bank on 22-1-70 is added back in absence of evidence: Rs. 500 . Loan taken from Chandrakala Begani d/o. Sri U.C. Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o notice under s. 148 and that since the assessee-firm extended full co-operation to the Department the penalties should be restricted to the minimum amount of income sought to be concealed The AAC found favour with the arguments of the learned counsel for the assessee and held that penalties for both the years be restricted to the minimum, i.e. at 100 per cent of the incomes sought to be concealed in respect of the business, Kanhaiyalal & Co., which amounted to Rs. 3,986 and Rs. 11,306 for the asst. yr. 1970-71 and 1971-72 respectively. Against these orders of the AAC the assessee-firm has come in the present appeals before us. 8. The learned counsel for the assessee has contended before us that the assessee was made to file revised retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the following facts emerge undisputed:— (i) That the assessee was being regularly assessed and assessments for the years under appeal have been completed and in the said returns of income filed by the assessee, the assessee had not shown any income from the business Kanhaiyalal & Co.; (ii) That the IT Department having laid its hands on evidence and documents incriminating to the assessee, examined the partner of the assessee and also the person alleged to be the owner of the business Kanhaiyalal & Co. and both these gentlemen had been categorical in their assertions that the income of the business was in fact the income of the assessee-firm; (iii) That it was only in compliance with the notices under s. 148 of the Act that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of the above stated facts when the assessee itself filed revised returns it owned the amounts of concealed income as its own income and the fact that the revised returns were filed only after the issuance of notice under s. 148, and that too when the IT Department was able to lay hands on evidence and documents incriminating to the assessee from where extra income could be proved, considering the material on record and the entirety of the circumstances and the fact that there was a difference of income between the original returned income and the revised returned income and no particular of item of income had been pointed out to explain that the revised returns were merely the result of inadvertent mistake or omission, coupled with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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