https://www.taxtmi.com/caselaws?id=8479 Penalty under section 28(1)(c) of the Income-tax Act, 1922 is penal in nature because it applies only where conscious concealment of income or deliberate furnishing of inaccurate particulars is established. The burden to prove the facts attracting penalty lies on the revenue, and those conditions must be established beyond reasonable doubt. On the facts, the Tribunal found that the assessments rested on estimates and inferences and that concealment or deliberate inaccuracy was not positively proved, so the penalty provision did not apply and the penalty orders could not be sustained. en-us Thu, 04 Mar 1971 00:00:00 +0530 Sun, 26 Apr 2009 22:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8479 Penalty under section 28(1)(c) of the Income-tax Act, 1922 is penal in nature because it applies only where conscious concealment of income or deliberate furnishing of inaccurate particulars is established. The burden to prove the facts attracting penalty lies on the revenue, and those conditions must be established beyond reasonable doubt. On the facts, the Tribunal found that the assessments rested on estimates and inferences and that concealment or deliberate inaccuracy was not positively proved, so the penalty provision did not apply and the penalty orders could not be sustained. Case-Laws Income Tax Thu, 04 Mar 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8479