S.J.MUKHOPADHAYA, J. - (1.) AS in both these cases, at the instance of the Revenue, the Income Tax Appellate Tribunal, Patna Bench, Patna referred common question for this Court 'sopinion, they have been heard together and are being decided by this common order. Tax Case No. 13 of 1993 (P) :
(2.) IN course of a raid conducted on 9th September, 1986 at the residences of the assessee, cash amounting to Rs. 16,300.00 was found and assessed to be the income of the assessee. The explanation was submitted at the time of assessment before the Assessing Officer, but it was not accepted. By order dated 24th September, 1987, the Assessing Officer held that a sum of Rs. 16,300.00 was unexplained and added it to the income of the assessee. It was challenged by the assessee before the Commissioner of Income Tax (Appeals) (hereinafter referred to as "CIT (Appeals)" for short) in ITA No. 320/RAN/87 -88. CIT (A) by its judgment dated 8th March, 1988 accepted the explanation submitted by the assessee and deleted the addition. The Revenue, thereafter, moved before the Income Tax Appellate Tribunal which on hearing the parties vide order dated 12th April, 1991 set aside the order passed by the CIT (A) and restored the original order of addition of Rs. 16,300.00 in income, as was ordered by the Assessing Officer. The assessee has already preferred in appeal, Tax Appeal No. 4 of 1992 (P) against the order passed by the Income Tax Appellate Tribunal, Patna. The Revenue, thereafter, imposed penalty of Rs. 10,000.00 on the assessee under Sec.271(1) (c) of the Income Tax Act, 1961 (hereinafter to be referred to as "the Act" for short) vide order dated 29th July, 1991. It was affirmed by the CIT (A) on 23rd of January, 1992, but the Income Tax Appellate Tribunal by its judgment dated 30th July, 1992 set aside the order of penalty on the ground that there was no concealment. Tax Case No. 14 of 1993 (P) :
(3.) IN course of a raid conducted on 9th September, 1986 at the residences of the assessee, cash amounting to Rs. 40,532/ - was found and assessed to be the income of the assessee. The explanation was submitted at the time of assessment before the Assessing Officer, but it was not accepted. By order dated 14th September, 1987, the Assessing Officer held that a sum of Rs. 40,532/ - was unexplained and added it to the income of the assessee. It was challenged by the assessee before the Deputy Commissioner of Income Tax (Appeals) (hereinafter referred to as "DCIT (Appeals)" for short) in ITA No. 66/D/87 -88. DCIT (A) by its judgment dated 30th March, 1988 accepted the explanation submitted by the assessee and deleted the addition. The Revenue thereafter moved before the Income Tax Appellate Tribunal which on hearing the parties vide order dated 11th April, 1991 set aside the order passed by the DCIT (A) and restored the original order of addition of Rs. 40,532/ - in income as was ordered by the Assessing Officer. The assessee has already preferred an appeal, Income Tax Appeal No. 518 (PAT) of 1988 against the order passed by the Income Tax Appellate Tribunal, Patna.;