1969 (2) TMI 42

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... relates to the assessment year 1952-53. Four sums were added to the income returned by the assessee in his individual capacity, after rejecting his explanation. It appears that in an appeal arising out of the assessment, the Tribunal corrected the status of the assessee as Hindu undivided family. But the penalty proceedings were continued in the name of the assessee in his individual capacity, wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....le on all explanation in respect of cash credit entries in the books and one of which commends itself to the revenue, penalty may perhaps not be justified. But this is not one such case, because there can be no explanation whatever at least in respect of one of the fixed deposits. The explanation of the assessee was that the amount invested in fixed deposit had been borrowed. On the basis of it, i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aise it in this reference. The limits of our jurisdiction have been clearly laid down in Commissioner of Income-tax v. Scindia Steam Navigation Co. Ltd. which are summed up thus : "1. When a question is raised before the Tribunal and is dealt with by it, it is clearly one arising out of its order. 2. When a question of law is raised before the Tribunal but the Tribunal fails to deal with it,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he question itself is under issue, there is no further limitation imposed by section 66 that the reference should be limited to those aspects of the question which had been argued before the Tribunal. The Supreme Court observed that to do so will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of section 66(1). That aspect ....