1976 (1) TMI 75

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.... penalty u/s. 271(1)(c) of the Income Tax Act, 1961, levied by the Income Tax Officer for the assessment year 1968-69. The brief facts are as under: 2. In the assessment of the respondent-assessee Shri Tejraj Chandmal of Ahmednagar for the assessment year 1968-69, the Income Tax Officer assessed an amount of Rs. 4,000 as income from undisclosed sources. The amount was brought in on 30th of Sept....

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....oceedings. When the assessee took up the matter in appeal to the Appellate Asstt. Commissioner, that authority found that the assessee was running business in losses and the mount was accepted as a borrowing to meet the financial necessities of the business. On the above facts, the Appellate Asstt. Commissioner held that the Income Tax Officer did not positively prove that the amount represented a....

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....000 was assessee's income from undisclosed sources and subjected it to tax. In our opinion, even though the inference as above that the amount Rs. 4,000 was assessee's income from undisclosed sources is sufficient for the purpose of assessment, the said inference cannot further the cause of the revenue that it is the assessee's concealed income. In order that there is concealment, the onus is on t....