COMMISSIONER OF INCOME TAX Vs. RADHA DEVI PODDAR

JUDGEMENT

(1.) In this reference, the question referred by the Tribunal under Section 256(1) of the Income-tax Act, 1961 (the "Act"), is as follows :

(2.) The facts of the case, as found by the Tribunal, are as follows : The assessee is Smt. Radha Devi Poddar as legal representative of the late Roshanlal Poddar. The assessment years involved are 1961-62 to 1964-65.

(3.) The deceased did not file any return of income. In the course of a raid by the Department on July 17, 1976, some books of account in respect of the business carried on under the name and style of Shankar Textiles at 203/1, Mahatma Gandhi Road, Calcutta, were recovered and seized from the residence of the deceased. The Income-tax Officer initiated proceedings under Section 147(a) read with Section 148 of the Act for making the assessments of the assessee for the years under consideration. The Income-tax Officer completed the assessments under Section 143(3)/ 147(a) of the Act against the deceased for the assessment years under consideration determining the total income at Rs. 22,36,716 for the assessment year 1961-62, Rs. 2,01,920 for the assessment year 1962-63, Rs. 5,17,070 for the assessment year 1963-64 and Rs. 1,75,730 for the assessment year 1964-65. As the assessee had not filed any estimates of advance tax under Section 212(3) of the Act, the Income-tax Officer held that the assessee came within the mischief of Section 273(b) of the Act and, on that basis, he imposed a penalty of Rs. 13,500 for the assessment year 1961-62, Rs. 11,000 for the assessment year 1962-63, Rs. 32,000 for the assessment year 1963-64 and Rs. 2,500 for the assessment year 1964-65.