P. V. DIXIT, C. J.

( 1 ) IN this reference by the Income-tax Appellate Tribunal under Section 256 (1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income tax, the question which has been placed for our decision is-

"whether on the facts and in the circumstances of the case, the assessee could be said to have concealed the particulars of his income for the assessment year 1959-60 so as to be penalised Under Section 271 (1) (c) of the Income-tax Act, 1961?"

( 2 ) THE material facts are that for the assessment year 1959-60 the total income of the assessee. Punjabhai Shah, was fixed at Rs. 10,953/ -. During the course of assessment for the next year, namely, 1960-61, it was noticed that the assessee had purchased a motor vehicle and made payments for the purchase of the vehicle as under-

1.

26-08-1958

Rs . 1,00. 00

2.

08-09-1958

Rs . 9,000. 00

3.

23-09-1958

Rs . 3,800. 00

4.

23-09-1958

Rs . 3,450. 00 body building

5.

30-09-1958

Rs . 9,000. 00

6.

07-10-1958

Rs . 8,000. 00

Rs . 31,250. 00

The assessment for the year 1959-60, was therefore, reopened under Section 147 of the Act. The assessee's explanation with regard to these payments was that on 26th August, 1958 h

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