1973 (1) TMI 7

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...., Cochin Bench, is in these terms : " Whether, on the facts and in the circumstances of the case, the levy of penalty under section 28(1)(c) was justified ? " When a question of this nature is referred to us, we naturally turn to Anwar Ali's case and that is the decision that has been relied on by counsel for the assessee which is in Commissioner of Income-tax v. Anwar Ali. We have had occasion....

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....in the assessment proceedings or whether there was a finding that there has been a concealment of income. We shall extract a part of the order of the Tribunal in the penalty proceedings dealing with this aspects: " 9. Having considered the facts and arguments, we are convinced that the provisions of section 28(1)(c) were rightly applied to this case. The assessee has no answer to the findings giv....

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.... are attracted. We uphold the penalty order and we do not see any extenuating circumstance to interfere with the amount of penalty." The above finding of the Tribunal we are not prepared to say is based on no relevant material. There is a clear finding by the Tribunal and that, we think, discharges the burden which must be undertaken by the department and on the facts of the case we think it is t....