1984 (9) TMI 45

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....s approached this court to direct the Tribunal to refer the following question of law to this court for its opinion: " Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in cancelling the penalty levied by the Inspecting Assistant Commissioner under section 271(1)(c) ? " The question of concealment of income is primarily a question of fact, unless it i....

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....lso the later order dated March 25, 1977, whereby it declined to refer the said question to this court, it is apparent that the Tribunal has kept in view the given explanation and applied the legal principles correctly. In substance, it has held that the assessee had discharged the initial burden by adducing requisite material on the record and since the onus shifted to the Department to lead evid....

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....alth-tax References Nos. II and 12 of 1980 (Commissioner of Wealth-tax v. Shri Jagir Singh decided on July 12, 1984 [1985] 154 ITR 633) and this court repelled the contention with the following observations (at p. 636) " Learned counsel for the Revenue, however, maintained that in the light of the Full Bench decision in Vishwakarma Industries' case [1982] 135 ITR 652 (P & H), the Tribunal could....