1978 (9) TMI 6

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.... C.J.-For the assessment year 1967-68, the assessee returned an income of Rs. 14,394. He was ultimately assessed on an income of Rs. 67,687. The additions included unexplained cash credits in the names of three parties, totalling Rs. 10,500. The difference between the returned and the assessed income being more than 20%, the assessing authority initiated penalty proceedings. The Tribunal held that....

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....umption that the disputed amount was the income of the assessee. The assessee is required to prove that he was not guilty of fraud or gross or wilful neglect in submitting the original return. The onus is squarely on the assessee and not on the department to establish the lack of fraud or gross or wilful neglect. It is not for the department to prove the negative. The Tribunal was in error in plac....