Prashant Kumar, J. - (1.) This writ application is directed against the order dated 7.1.2010 passed by Additional Sessions Judge, F.T.C -I, Dhanbad in Criminal Revision No. 120/07, whereby and whereunder, the revision application filed by the Assessing Officer/Complainant has been allowed and the order dated 10.9.1997 passed by Special Judge, Economic Offence, Dhanbad in CO. Case No. 301/1992 has been set aside. It is alleged that in course of assessment proceeding, the Assessing Officer noted that the petitioner purchased land and constructed a house on the said land by investing Rs. 1,39,000/ -. The Assessing Officer further found that the petitioner disclosed his source of investment in the following manner: - - (i) Cash gift - Rs. 20,000/ - (ii) IT. refund - Rs. 31,085/ - (iii) Out of books - Rs. 73,506/ - (iv) Out of past savings - Rs. 14,408/ - Total - Rs. 1,38,999/ -
(2.) The Assessing Officer further found that the Income Tax Refund Amount of Rs. 31,085/ - was deposited in the saving account of the petitioner on 20.2.1990 and the said amount could not be withdrawn till 31.3.1990. Therefore, the Assessing Officer came to the conclusion that the petitioner had not spent aforesaid income tax refund amount of Rs. 31,085/ - towards construction of house. In fact, petitioner spent aforesaid amount from undisclosed source of income and filed income tax return concealing his income. Accordingly, the Assessing Officer initiated penalty proceeding under Sec. 271(c) of the Income Tax Act and ultimately levied penalty of Rs. 15,000/ - upon the petitioner.
(3.) It appears that against the aforesaid order of the Assessing Officer, petitioner filed an appeal before the Commissioner of Income Tax (Appeals), Jamshedpur. It further appears that the Commissioner of Income Tax (Appeals) allowed the appeal of the petitioner and set aside the penalty imposed by the Assessing Officer. Against the order of Commissioner of Income Tax (Appeals), the complainant -cum -Assessing Officer filed an appeal before the Income Tax Appellate Tribunal, which was ultimately dismissed by order dated 10.1.1997.;