https://www.taxtmi.com/caselaws?id=26648 Where returned income is substantially lower than assessed income, the Explanation to section 271(1)(c) shifts the burden to the assessee to show that penalty is unwarranted. The assessee failed to appear and did not discharge that burden, so the statutory presumption supporting concealment penalty applied. A challenge to the assessed enhancement could not be examined in reference proceedings when it had not been raised at the proper stage. On those facts, the High Court held that no question of law arose from the Tribunal's order and the request for reference under section 256(2) failed. en-us Wed, 22 Jan 1986 00:00:00 +0530 Sat, 06 Feb 2010 15:39:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=26648 Where returned income is substantially lower than assessed income, the Explanation to section 271(1)(c) shifts the burden to the assessee to show that penalty is unwarranted. The assessee failed to appear and did not discharge that burden, so the statutory presumption supporting concealment penalty applied. A challenge to the assessed enhancement could not be examined in reference proceedings when it had not been raised at the proper stage. On those facts, the High Court held that no question of law arose from the Tribunal's order and the request for reference under section 256(2) failed. Case-Laws Income Tax Wed, 22 Jan 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=26648