Law: Income Tax Act, 1922

Section: 28(1)(c),22(4),34,28(1)(c)

Law: General Clauses Act, 1897

Section: 6

Income-tax Act, 1922 -Sections 28(1)(c), 28(1A) (before and after amendment in 1959) Section 34 -- Penalty -Assessee filing return disclosing income from one source only -Confronted by Income-tax Officer in respect of income from other source -Revised return filed showing income from other source also -Penalty for deliberate concealment of income -Whether exigible -Held yes -- Penalty -Proceedings started under Sec. (28)(1)(c) before its replacement by Sec. 28(1A) in 1959 -Proceedings whether can be finalised under the old provision even after its replacement -Held yes -- Notice -Validity of service not questioned at lower stages -Objection not allowed to be raised before Appellate Tribunal -- Penalty -Proceedings initiated under section 28(1)(c) are to be completed under same section notwithstanding its repeal by section 28(1-A) -- Concealment of income Penalty proceedings initiated on receipt of intimation -Assessee filing revised return on being confronted thereof -Penalty exigible -- Concealment of income Quantum of penalty -Assessee found without legal assistance and other extenuating circumstances -Reduction by Appellate Assistant Commissioner maintained -- Corresponding Sections: Income-tax Ordinance, 1979 -Section 109 -- ORDER {The order was passed by M. T. SIDDIQUI Accountant Member}.--There are two cross appeals in this case one by the assessee who objects to the legality of the penalty imposed under section 28(1)(c) and its quantum; and the other by the Department whereby the reduction in the quantum of the penalty imposed is objectied to. Since facts, in both the appeals, are common and the objections are also more or less dependent on each other, we propose to dispose the two appeals by this consolidated order. We shall take the assessee's appeal first and the disposal thereof would automatically dispose of the departmental appeal also. 2. The assessee-appellant in this case is an 'individual who is a landlord and also draws his taxable income from lease money of a rice husking factory and cotton ginning business. For the assessment year 1953-54 a notice under Section 34 was issued on 29th May 1954. No return was, however filed inspite of reminders…

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