MAHIM K Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE references relate to the assessment years 1967-68 and 1966-67, respectively, and the questions expecting our answer are as follows :

(2.) IN the first step, the INcome-tax Officer completed the assessment for the year 1966-67. When the return disclosed an income of Rs. 23,435, with regard to an item amounting to Rs. 6,000 therefrom as income from other sources, an addition of Rs. 7,063 was made by the officer. On the other count, Rs. 10,850 as income from contracts, it was assessed at Rs.11,049. This was with reference to one receipt for Rs. 16,258 for the work done with the executive engineer.

(3.) THE Income-tax Appellate Tribunal was in seisin of the situation with regard to the assessment years. THE Tribunal, by order dated August 27, 1975, held that for the assessment year 1966-67, a penalty could not be levied. However, with regard to the assessment year 1967-68, the penalty of Rs. 6,000 was sustained. Thus the matter came up before this court in CIT v. K. Mahim [1984] 149 ITR 737. This court considered the situation in I. T. R. Nos. 154 and 155 of 1979, at the instance of the Revenue. This court took up for consideration the position as a result of filing of revised returns voluntarily and as to whether it would exonerate the assessee from the liability of penalty under Section 271(1)(c) of the Act. This was in regard to the assessment year 1966-67. THE position is concluded by the above judgment against the assessee, because the question has been answered in favour of the Revenue. For completion of the judgment, the question that was framed was as follows (page 742) :