1985 (10) TMI 20

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....red by S. P. GOYAL J. -The assessee, M/s. Bhag Mal Charanji Lal, is a Hindu undivided family concern. Darshan Kumar, one of the coparceners, entered into partnership agreement on May 1, 1967, with one Pashupati Nath to carry on the business of sale of petroleum products under the firm name "Darshan Kumar & Co." The amounts of Rs. 995 and Rs. 10,413 received by way of profits from the said conce....

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....The order of the assessing authority having been upheld up to the Tribunal stage and the assessee's application under section 256(1) of the Act also having been rejected, he moved the present petition under section 256(2) of the Act for issuing a mandamus to get the following questions referred : "(i) Whether, on the facts and circumstances of the case, the order of the Tribunal in imposing the....

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....rticular income is assessable in the hands of an individual or a Hindu undivided family and whatever may be the outcome, no penalty was exigible as there was no concealment within the meaning of section 271(1)(c) ? The learned counsel for the assessee contended that it was not a case of concealment of income because the assessee honestly believed that the income derived from M/s. Darshan Kumar ....