Law:

Section:

Section 271(1)(c), read with section 256 of the Income-tax Act, 1961 - Penalty - For concealment of income - Out of ten donations put forward by assessee, five were accepted and five were rejected - Tribunal took a view that merely because evidence in respect of five donations was not accepted or believed, it did not follow that there was gross fraud or wilful neglect, even though this was a case of penalty proceedings under section 271(1)(c) - Tribunal further held that onus was on Department to prove that there was fraud or wilful neglect with regard to sum alleged to have been received as gift and that penalty under section 271(1)(c) was leviable in relation thereto - Whether in view of fact that Tribunal had recorded a finding that there was no proof of wilful or fraudulent concealment, no question of law arose from its aforesaid order - Held, yes Note : In favour of assessee. JUDGMENT By this application, the Revenue is asking this court to direct the Tribunal to state the following question: "Whether, on the facts and circumstances of the case, the Tribunal was…

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