1989 (4) TMI 67

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....ed by GOKAL CHAND MITAL J.-In the assessment proceedings, the assessee was finally assessed at Rs. 50,892 as against the returned income of Rs. 41,490 for the assessment year 1974-75. The returned income, was more than 80 per cent. of the assessed income and, therefore, the Explanation to section 271 (1) (c) was not applicable and the burden of proof was on the Department to show, that penalty ....

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....ase, on reading of the Tribunal's order, it appears as though the burden of proof was on the assessee and since he failed to give any satisfactory explanation, the penalty was leviable. Since the Tribunal proceeded to consider the matter from a wrong view-point, it is a case which deserves to be sent back for fresh decision in accordance with law. For the reasons recorded above, we are of the v....