1978 (7) TMI 102

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.... holding that penalty orders passed by the Income-tax Officer as cancelled by the Appellate Assistant Commissioner of Income-tax cannot be restored ? (ii) Whether, on the facts and in the circumstances, of the case and particularly in view of the admission made by the assessee in the revised returns which were filed after the cases were subjected to enquiry and investigation by the Income-tax Officer, penalties under section 271(1)(c) were not rightly attracted ? " The short facts giving rise to this application may be stated as under : The assessee filed returns for the assessment years 1968-69 and 1969-70, on November 5, 1968, and December 31, 1969, respectively, showing an income of Rs. 5,317 and Rs. 5,356, respectively. On Marc....

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....or the Commissioner has strenuously urged that the two questions submitted by him do arise out of the order of the Tribunal. It is argued that the assessee had initially concealed a portion of her income, which she was bound to disclose, and, later on, filed a revised return to cover the concealment. On the other hand, Mr. J. P. Bhattacharjee, learned counsel for the assessee, has submitted that the Tribunal has arrived at the conclusion that there was no concealment of income and the revised return had been filed by the assessee without any concealed income having been detected by the Income-tax Officer and, consequently, on these findings of fact no question of law arises. It is submitted that it is not open to the applicant to raise befo....