1984 (1) TMI 55

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....lar notices dated November 22, 1976, (Exhibits A and B) purporting to be under s. 36 of the Act, called upon the petitioner to show cause as to why the agricultural income derived from the lands standing in the names of his four sons should not be included in his income for the aforesaid assessment years as escaped income with penalties thereon, under s. 22 of the Act. In answer to those notices, the petitioner filed objections, inter alia, contending that the properties had been separately purchased by his sons in the year 1962-63 and there was no income which escaped assessment so as to reopen previous assessments completed under the Act. But, the AITO by two separate but identical orders made on November 19, 1977 (Exhibits C and D), over....

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....purchase of land but was careful enough to see that the lands are purchased in his minor sons' names so that he can escape tax liability. There can be no other possibility except that he himself providing the money and also helping his minor sons to possess demesne. After all who will not be interested in getting their offsprings' future secured and at the same time hoodwink the Government. Investigation further revealed that some of the demesne which was in the name of the assessee has been transferred to his sons' names. E.g. Sy. No. 99/2, 100/1 and 99/1, which were in the name of the assessee, have been transferred to Sri P. C. Kushalappa, one of his sons. Hence, it is as clear as daylight that the assessee had done all these things, i.e....