Concealment penalty not leviable where returned income and assessed income are both nil, with no substantial question of law arising.

Penalty for concealment under Section 271(1)(c) was not attracted because the returned income and the assessed income were both nil. On those admitted facts, no case was made out for levy of penalty, and the proposed challenge did not raise any substantial question of law. The appeal therefore failed at the admission stage.

---

---

Issues: Whether penalty under Section 271(1)(c) of the Income-tax Act, 1961 could be levied where both the returned income and the assessed income were nil.

Analysis: The admitted position was that the income disclosed in the return and the income assessed were both nil. On that basis, no case was made out for imposition of penalty under Section 271(1)(c). The proposed challenge did not give rise to any substantial question of law.

Conclusion: Penalty under Section 271(1)(c) was not leviable on the facts stated, and the appeal failed at the admission stage.

Ratio Decidendi: Where the returned income and the assessed income are both nil, penalty for concealment under Section 271(1)(c) is not attracted on those facts.

---