Law:

Section:

section 271(1)(c) of the income-tax act, 1961-penalty for concealment of income-original returns filed prior to the amendment of section 271 by finance act, 1964 with effect from 1-4-1964 subsequent returns filed in reassessment proceedings after the amendment-relevant returns for the purposes of penalty proceedings-held that default was committed when original returns were filed and hence relevant returns were original returns-law applicable for the purposes of penalty proceedings-eld that law applicable was the law as it stood at the time of default Facts For the assessment years 1961-62 to 1963-64, the assessee filed returns prior to the amendment of section 271 by the Finance Act, 1964 with effect from 1-4-1964 whereby an Explanation was added to clause (c) of sub-section (1) of section 271. In the reassessment proceedings, the assessee filed returns on 17-4-1967 in respect of all the three years. Taking recourse to the said Explanation, the IAC, to whom the penalty proceedings were referred, imposed penalties. The Tribunal, however, set aside the penalty orders" on the ground that section 271(1)(c) as it stood prior to 1-4-1964 was applicable and the said Explanation was not available to the revenue. The Revenue contended that the default in respect of section 271(1)(c ) was committed when the subsequent returns were filed on 17-4-1967 and as such, the law as of that date was applicable. Held For the purposes of penalty proceedings, the rele-vant returns were the original returns and not the returns filed subsequent thereto and the default was committed when the original returns were filed. The law applicable, for the purposes of penalty proceedings, was the law as it stood on the date of commission of the default and as suck the amended provisions of section 271 could not be applied. Case review CIT v. Data Ram Satpal [1975] 99 ITR 507 ; CIT v. Ram Achal Ram Sewak [1977] 106 ITR 144 ; CIT v. S. Devendra Singh [1977] 108 ITR 314 and Addl. CIT v. Jiwan Lal Shah [1977] 109 ITR 474 relied on. Cases referred to CIT v. Data Ram Satpal [1975] 99 ITR 507 (All.), CIT v . S. Devendra Singh [1977] 108 ITR 314 (All.), CIT v. Ram Achal Ram Sewak [1977] 106 ITR 144…

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