Law: Income Tax Act, 1961

Section: 271

Income tax]----Penalty Concealment of income Original return showing less than 80% of assessed income Revised return filed after Inspector of Income tax discovered concealed income Original return to be taken into account for purposes of S.271(1)(c) Assessee not proving that there was no concealment of income ¬Penalty to be imposed Indian Income tax Act, 1961, S.271(1)(c). The first return has to be taken into account for finding out the conduct of the assessee and the concealment made by him. C.I.T. v. J.K.A. Subramania Chettiar (1977) 110 ITR 602 (Mad.); Amjad Ali Nazir Ali v. C.I.T. (1977) 110 ITR 419 (All.); Mohd. Ibrahim Azimulla v. C.I.T. (1981) 131 ITR 680 (All.); Addl. C.I.T. v. Radhey Shyam (1980) 123 ITR 125 (All.); and S.R. Arulprakasam v. Smt. Prema Malini Vasan I.T.O. (1987) 163 ITR 487 (Mad.) fol. For the assessment years 1965 66 to 1968 69, the assessee filed voluntary returns in October, 1968, wherein he showed that amounts received by him, as a medical practitioner, under the Employees' State Insurance Scheme, no amount was shown as having been earned in private practice. On January 20, 1969, the Income tax Officer heard the case for the aforesaid assessment years in the presence of the assessee. During the hearing, the assessee admitted that he had done private practice but had no accounts. The income tax Officer added Rs. 1,000 towards private practice for the first year and Rs. 1,500 for each of the subsequent years. On August 13, 1969, the assessee filed a return for the assessment year 1909 70 showing net income of Rs. 3,061. No income from private practice was shown. On October 14, 1969, an Inspector of the Income tax Department visited the premises of the assessee and found that he was carrying on private practice. On August 29, 1970, the assessee filed a revised return, wherein he estimated his income from private practice at Rs. 7,539. He also showed an amount of Rs. 834 as interest on fixed deposit receipts. By assessment order dated September 21, 1970, the.net income was computed at Rs. 19,401. The income was reduced to Rs. 17,656 by the Appellate Assistant Commissioner. Penalty proceedings were initiated and penalty was imposed. The…

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