JUDGMENT

P. N. BHAGWATI, J. :— This appeal arises out of proceedings initiated by the Revenue authorities for levying penalty on the assessee. The assessee is a lady and during the assessment year 1964-65 for which the relevant accounting year was the calendar year ended 31st December, 1963, the assessee was a partner in two partnership firms, M/s. Malabar Tile Works and M/s. Malabar Plywood Works and along with her there were other partners including her husband and minor daughter. The assessee filed a return of income for the assessment year 1964-65 showing Rs. 4754/- as income from property and Rs. 4748/- as income from other sources. The assessee stated in the return under the column "Profits and Gains of Business and Profession" against item (b) which required share in the profits of a registered firm to be shown "please ascertain from the firms files the Malabar Tile Works and Malabar Plywood Works". The assessee, however, did not show in the return the amounts representing the shares of her husband and minor daughter in the firms of M/s. Malabar Tile Works and M/s. Malabar Plywood Works though they were clearly includible in computing the total income of the assessee under S