https://www.taxtmi.com/caselaws?id=6795 Penalty proceedings under section 28(1)(c) of the Income-tax Act, 1922 were treated as penal, not merely administrative, because the provision punishes concealment of income or deliberate furnishing of inaccurate particulars. Assessment proceedings and penalty proceedings were held to be distinct, so assessment material could operate only as evidence and not as conclusive proof. The department had to establish both concealment or deliberate inaccuracy and that the matter concealed or misstated was income. A false explanation by the assessee in assessment proceedings, by itself, was insufficient to justify penalty. On the stated facts, the revenue failed to discharge the burden and the penalty was not justified. en-us Wed, 11 May 1966 00:00:00 +0530 Mon, 02 Feb 2009 11:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6795 Penalty proceedings under section 28(1)(c) of the Income-tax Act, 1922 were treated as penal, not merely administrative, because the provision punishes concealment of income or deliberate furnishing of inaccurate particulars. Assessment proceedings and penalty proceedings were held to be distinct, so assessment material could operate only as evidence and not as conclusive proof. The department had to establish both concealment or deliberate inaccuracy and that the matter concealed or misstated was income. A false explanation by the assessee in assessment proceedings, by itself, was insufficient to justify penalty. On the stated facts, the revenue failed to discharge the burden and the penalty was not justified. Case-Laws Income Tax Wed, 11 May 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6795