UDHAM DAS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this petition under Art. 226/227 of the Constitution of India, the petitioner has challenged the order of the penalty on assessment proceedings for the asst. yr. 1974-75 under GIR No. 4-702.

(2.) THE initial assessment for the asst. yr. 1974-75 was completed on 20th Sept., 1975. During the proceedings the ITO came to know that an amount of Rs. 5,500 and Rs. 3,500 remained unexplained by the assessee. THErefore, the assessee was examined. According to assessee amount of Rs. 5,500 was received by him from his father Atmaram and the amount of Rs. 3,500 was received by him from one P.L. Chourasia of Jabalpur. THE ITO did not find genuineness of the cash credits as per s. 143(2) of the IT Act, 1961 (for short the `Act'). Hence, the ITO asked the assessee to prove the cash credits under s. 143(3) of the Act. But inspite of service of notice, genuineness was not explained. THErefore, the penalty proceedings under s. 271(1)(c) of the Act were initiated. A show cause notice was served upon the assessee who after receipt of the show cause notice did not file any reply nor proved the genuineness of the cash credits and absented himself. THErefore, the ITO found that the petitioner had committed default under s, 271(1)(c) of the Act by concealing the income of Rs. 9,500. An appeal preferred against the said order before the Tribunal at Jabalpur was also dismissed on 28th Sept., 1983. Against the said order, the petitioner instead of making an application for reference under s. 256(1) of the Act, has filed this petition under Art. 226/227 of the Constitution of India.

(3.) ACCORDINGLY, the petition is dismissed with no order as to costs. Security amount, if any, be refunded to the petitioner.