(1.) THE matter here concerns the burden of proof under Section 271(l)(c) of the Income-tax Act, 1961, in the context of the amendment made therein by the Finance Act, 1964.
(2.) THE assessee, Simco Auto India, declared an income of Rs. 6,197. After the examination of the accounts of the assessee, the Income-tax Officer added a further sum of Rs. 14,600 thereto and penalty proceedings were thereafter initiated against the assessee. A sum of Rs. 14,600 was then imposed as penalty. This penalty was, however, deleted on appeal by the Tribunal. This is what led to the following question of law being referred for the opinion of this court :