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of <h1>High Court upholds penalty for concealing income under Income-tax Act</h1> <h3>Deputy Commissioner of Income Tax Versus K. Suresh Kumar.</h3> Deputy Commissioner of Income Tax Versus K. Suresh Kumar. - [2002] 253 ITR 640, 172 CTR 375, 120 TAXMANN 904 Issues involved: Appeal u/s 260A of the Income-tax Act, 1961 challenging penalty imposition u/s 271(1)(c) for concealment of income.Summary:The Deputy Commissioner of Income-tax initiated penalty proceedings against an individual deriving income from abkari business for concealing income of Rs.70,000 received from his father-in-law. The Assessing Officer imposed a penalty of Rs.33,295, which was upheld by the Commissioner of Income-tax (Appeals). The assessee then appealed to the Income-tax Appellate Tribunal, arguing that no material supported the concealment case. The Tribunal overturned the penalty, prompting the Revenue to appeal.The High Court considered substantial questions of law, including the burden of proof under section 271(1)(c) of the Act. The court noted that the burden to explain alleged concealment lies with the assessee. The assessee's claim of receiving money from his father-in-law lacked supporting evidence, leading to a failure to substantiate the explanation. The court rejected the argument that Explanation 1 to section 271(1)(c) did not apply in this case, citing relevant precedents.Ultimately, the High Court ruled in favor of the Revenue, setting aside the Tribunal's decision and reinstating the Commissioner of Income-tax (Appeals)'s order. The Assessing Officer was directed to take appropriate actions as per the Act. The appeal was allowed with no costs imposed.
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