AZIMULLAH MOHAMMAD MUSHTAQ Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS reference has been made by the Income-tax Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961, in pursuance of the order of this court dated May 5, 1988. The questions which have been referred to this court are as follows :

(2.) THE assessee preferred an appeal against the order of the Income-tax Officer imposing penalty. THE Appellate Assistant Commissioner held that it is not a fit case for imposition of penalty. He observed as follows :

(3.) ON the other hand, it is contended on behalf of the Department that the assessee had no grievance against the assessment in respect of the escaped income. The assessee did not prefer any appeal and accepted the quantum of tax which was assessed on the basis that the value of the bricks in the kiln had not been shown in the return and the correct income was not disclosed. It is implicit in the conduct of the assessee, it was so contended, that he had concealed particulars of his income and so penalty was rightly imposed under Section 271(1)(c) on him.