( 1 ) THESE petitions are arising in the same facts and circumstances and are founded on common grounds and are therefore heard and decided together.

( 2 ) THE facts necessary for the present purposes may be noticed. The petitioner in each case was a partner in firm M/s. Banyan and Berry which itself was assessed as a registered firm until before its dissolution on 16. 8. 84. For the A. Y. 1988-89 the assessee had disclosed in his return that he has received Rs. 1,98,620. 00 as his share as a result of arbitration award in a pending case relating to dissolved firm M/s. Banyan and Beri of which he was a partner at the timeof dissolution and he has not offered the same for taxation on the ground that it is a capital receipt. Before completing assessments the assessing officer, in the course of proceedings for assessment of petitioner as individual, initiated penalty proceedings in the case of assessee in his individual status by issuing notice on 25. 3. 91 for concealment under sec. 271 (1) (c) or for not furnishing estimate of Advance Tax payable by him under sec. 273 (2) (b), as the case may be. Assessment order in the case of partners were made on 27. 3. 91 on protecti