1976 (3) TMI 68

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....t showing the property income of Rs. 4,940. 2. Her sons had gifted her certain amounts which were deposited in Bombay. The interest on these amounts was credited to the lady's account and on 2nd July, 1968 the firm with which the amounts were deposited issued a Certificate to the assessee about deduction of tax from the interest credited to the lady's account. On 23rd Aug., 1968 the assessee fi....

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....before the AAC, he noted that it was the assessee herself, who had voluntarily filed the return on 11th Jan., 1971 showing income from interest as well as from property and it was only after the assessee had filed this return that the ITO regularised the proceedings by issue of a notice under s. 148 and treating the return as having been filed in pursuant of this notice. He noted that the assessee....

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.... therefore held that this was a case which did not call for imposition of penalty. The order of penalty was, therefore, cancelled. 5. It is against the above order of the AAC that the ITO has come up in appeal before us. While it is a fact the assessee omitted to disclose interest income in the return filed by her with the ITO at Rajkot, it was to be noted that the lady was of 70 years of age a....

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....r of the Rajkot file. If the assessee had any intention to get the interest income assessed separately from the property income assessed by the ITO at Rajkot, she would not have voluntarily and prominently brought to the notice of the ITO, Bombay the fact that she was already assessed at Rajkot also. It is also not disputed that the return on 11th Jan., 1971 showing the income from interest and fr....