Law:

Section:

Section 271(1)(c), read with section 256, of the Income-tax Act, 1961 – Penalty – For concealment of income – Assessment years 1968-69 and 1969-70 – Assessee filed revised return declaring income higher than that declared in original return – Additional income shown by her represented share of her minor child income of certain firm – Tribunal found that assessee had not concealed any income and had filed revised return voluntarily without any investigation or detection by department and thus set aside penalties imposed by ITO – Whether since revenue had failed to satisfy court that above finding of Tribunal was perverse or was based on no material, no question of law arose from such finding – Held, yes FACTS The assessee filed the revised returns showing the incomes more than that declared in the original returns for the assessment years in question. The additional income shown by the assessee represented the shares of her minor child in the income of a firm. The ITO initiated proceedings for imposition of penalty and ultimately imposed the penalties. The AAC allowed the assessee's appeal and set aside the penalties imposed by the ITO. The Tribunal upheld the order of the AAC. The application filed under section 256(1) was also dismissed. On application under section 256(2) : HELD The position is well settled that findings of fact arrived at by the Tribunal are binding upon the High Court in exercise of its jurisdiction under section 256(2). In the instant case, the Tribunal had found that the assessee had not concealed any income and had voluntarily filed the revised return without any investigation or detection by the department. The applicant had not been able to satisfy the court that this finding was perverse or was based on no material. It is trite that the burden of proving concealment of income on the part of the assessee, laid on the department and, in the absence of any evidence to that effect, there was no justification for not accepting the finding of the Tribunal that there was no concealment of income by the assessee. The applicant was unable to point out that it was on account of any investigation or detection by the ITO that the revised return…

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