COMMISSIONER OF INCOME TAX Vs. SOUBHAGYA MANJARI DEVI

JUDGEMENT

(1.) THIS is a reference made under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), by the Income-tax Appellate Tribunal, Cuttack Bench, at the instance of the revenue and the following question has been referred for the opinion of the court:

(2.) ASSESSEE is an individual and the relevant assessment year is 1968-69. Return for the year was filed on November 12, 1968, disclosing income of Rs. 11,570 but assessment was completed on a total income of Rs. 28,894 on 20th of October, 1970. A proceeding for imposition of penalty under Section 271(1)(c) of the Act was initiated by the Income-tax Officer, but as minimum penalty of more than Rs. 1,000 was exigible, the Income-tax Officer referred the matter to the Inspecting Assistant Commissioner at Sambalpur. By order dated 30th of March, 1972, the Inspecting Assistant Commissioner imposed penalty of Rs. 13,000.