https://www.taxtmi.com/caselaws?id=37344 The Tribunal correctly held that the assessee could be proceeded against for factual concealment under section 271(1)(c) and that penalty could not be imposed for fictional concealment. The burden of proof lies on the department to establish the disputed amounts as income. The Tribunal's cancellation of the penalty was justified as the burden was not discharged by the department. The court ruled in favor of the assessee on all issues, ordering the Commissioner to pay the costs of the reference. en-us Tue, 17 Oct 1978 00:00:00 +0530 Mon, 29 Mar 2010 11:57:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=37344 The Tribunal correctly held that the assessee could be proceeded against for factual concealment under section 271(1)(c) and that penalty could not be imposed for fictional concealment. The burden of proof lies on the department to establish the disputed amounts as income. The Tribunal's cancellation of the penalty was justified as the burden was not discharged by the department. The court ruled in favor of the assessee on all issues, ordering the Commissioner to pay the costs of the reference. Case-Laws Income Tax Tue, 17 Oct 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=37344