1976 (6) TMI 62

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....llation by the AAC of a penalty of Rs. 6,100 levied by the ITO under s. 271(1)(c) for the year 1963-64. 3. The assessee is a Doctor practising at Samastipur. The income for this year was computed by the ITO at Rs. 10,650 which included a sum of Rs. 6,100 as unexplained cash deposits. The deposits totalling Rs. 6,100 were made on 1st June, 1962 (Rs. 2,000), on 29th Aug., 1962 (Rs. 2,100) and on ....

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....sessee from undisclosed sources. The ITO also initiated penalty proceedings for these deposits of Rs. 6,100. He levied the penalty of Rs. 6,100 observing that the assessee had not produced any fresh evidence in support of these deposits. The assessee took the matter in appeal before the AAC. Before him the same contentions were submitted as had been urged before the ITO. It was also stated that th....

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....matter and are of the view that the assessee must succeed. The gist of the offence under s. 271(1)(c) is that the assessee had concealed the particulars of his income or furnished inaccurate particulars of such income. The Department has, therefore, to establish that the receipt of the amount in dispute constituted income of the assessee. If there is no evidence on record except the explanation gi....