1971 (3) TMI 29

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s referred the following question of law under section 66(1) of the Indian Income-tax Act, 1922: " Whether, on the facts and in the circumstances of the case, the Tribunal rightly imposed a penalty of Rs. 3,000 under section 28(1)(c) of the Income-tax Act, 1922 ? " The reference relates to the assessment year 1947-48, the relevant previous year ending on March 31, 1947. The Income-tax Office....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t aside the penalty on the ground that the Income-tax Officer had not discharged the burden resting upon him to prove that the case called for the levy of a penalty. But, on appeal by the Income-tax Officer, the Tribunal came to a different view. The Tribunal held that no distinction could be drawn between the quantum of evidence required to support an assessment and the quantum of evidence requir....