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1976 (12) TMI 76

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....ommissioner. 2. The assessee is a photographer and runs a studio by name Shivraj Studio, Jabalpur. It appears from the assessment and penalty orders of the authorities below that the family of the assessee consisting of his father, brother and mother owned an old house. Between 1st April, 1967 to 29th Oct., 1970 some additions and alterations were made in the house and the first and second floors....

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....ilding could not exceed Rs. 3,000. He therefore, treated the expenditure of Rs. 7,000 incurred in the construction of the building in this assessment year as income from undisclosed sources. This order was confirmed by the Appellate Assistant Commissioner as well as by the Appellate Tribunal. 4. In penalty proceedings, the assessee submitted that on identical facts penalty imposed under s. 271(1)....

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....ive in and they could possibly pool their resources not only out of the savings of the past years but out of the earnings during the accounting year itself for meeting the expenses of construction. It is true that the assessee could not lead clinching evidence to prove the sources as a result whereof a sum of Rs. 7,000 was added to his income. But this failure by itself was not sufficient to permi....