Kedar Nath Sanwal Dass vs Commissioner of Income Tax

Chinnappa Reddy, J.—This application to direct the Tribunal to state a case arises out of penalty proceedings. The submission of Shri Bhagirath Dass, learned counsel for the assessee, is that, apart from the finding that the loss as claimed by the assessee was not true, there was no additional material before the Tribunal to conclude that any amount represented the income of the assessee. He submits that no additional reasons have been given in the order of the Tribunal apart from what was already stated in the order of the Tribunal rejecting the appeal arising out of the assessment proceedings. We do not think that it was necessary for the Tribunal to give any additional reasons where the reasons given in the original order of assessment themselves disclose a scheme aimed at defeating the revenue. Where the finding is that losses were falsely claimed by the assessee to set off the profits made by the assessee, the finding that the losses put forward were false is sufficient to hold that there was a scheme on the part of the assessee to defeat the revenue. That was sufficient to attract the penalty proceedings u/s 271(1)(c). The application is, therefore, rejected. No costs.