1971 (10) TMI 22

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....e been referred to us at the instance of the Commissioner of Income-tax. They are: "1. Whether the order of the Appellate Tribunal was vitiated by its failure to consider all the material upon which the Appellate Assistant Commissioner rested his decision upholding the order of penalty imposed by the Income-tax Officer? 2. Whether the mere failure of the assessee to prove the nature and sour....

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.... the assessment year 1955-56. The assessee was asked to explain the nature and source of the cash credits and in response thereof the assessee produced the depositors. Subsequently, however, one of the partners of the firm wrote a letter to the Income-tax Officer surrendering for assessment cash credits amounting to Rs. 28,097 and Rs. 13,800 for the two years, respectively. The Income tax Officer ....

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....Appellate Assistant Commissioner was of the view that the mere fact that the assessee had offered to accept the additions voluntarily will not mitigate against the original default in furnishing accurate figures of income. He, therefore, upheld the order passed by the Income-tax Officer. The Tribunal, on appeal, however, took the view that the mere fact that the assessee had failed to prove the na....

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....hat there has been failure on its part to consider all the material which the Appellate Assistant Commissioner took into account, must as such be answered against the department inasmuch as after reading both the orders, and the supplementary statement of the case submitted by the Tribunal, it cannot be said that the Tribunal has omitted to consider any material which had been considered by the Ap....