INCOME-TAX OFFICER Vs. ACHHPAL SINGH

JUDGEMENT

(1.) A Criminal complaint was filed in the Court of Chief Judicial Magistrate, Kurukshetra, by R.K. Kuchhal, Income-tax Officer, Kaithal, against Achhpal Singh. It was alleged that the accused, being an assessee under the Income-tax Act, 1961, (for short, "the Act"), concealed income of Rs. 40,000/- in the assessment year 1982-83. Offences under Section 276C and 277 of the Act were mentioned in the complaint.

(2.) The accused-assessee purchased a Matador Van. The Assessing Officer, during the course of assessment proceedings, sought the assessee's explanation regarding the source of investments. The assessee could not give satisfactory explanation. The Assessing Officer, after charging income tax on Rs. 40,000/- as unexplained income of the assessee, proceeded to impose penalty also for the concealment of income. Penalty of Rs. 15,000/- was imposed under Section 271(1)(C) of the Act.

(3.) The assessee filed an appeal against the assessment order, challenging the addition of Rs. 40,000/- to his income. The Appellate Assistant Commissioner reduced the addition of Rs. 25,000/-. The Income-tax Appellate Tribunal affirmed the order of the Appellate Assistant Commissioner.