ADDITIONAL COMMISSIONER OF INCOME TAX Vs. DASU RAM MIRZAMAL

JUDGEMENT

(1.) The following question of law has been referred by the Income-tax Appellate Tribunal, Gauhati Bench, under Sec. of the Income-tax Act, 1961, hereinafter referred to as "the Act" :

(2.) The facts of the case, as appear from the statement of the case, may be briefly stated as follows :

(3.) As it appears, there may be some doubt about the applicability of the Explanation to Clause (c) of Sub-section (1) of Sec. of the Act. Whatever that may be, even if the Explanation is applicable in the instant case, the clear finding of the Tribunal is that the assessee had not consciously concealed the particulars of his income and had not deliberately furnished inaccurate particulars. The matter is thus concluded by the finding of fact arrived at by the Tribunal after considering the facts and circumstances of the case in their entirety and so that finding is binding on us. That being so, the case does not come under Clause (c) of Subsection (1) of Sec. of the Act and we hold that the Tribunal has correctly cancelled the penalty order in question.