Allahabad Court December 1976 Judgments

Commissioner of Income Tax Vs. Shri Kunj Behari Lal GuptA.

Court: Allahabad

Reported in: (1977)6CTR(All)63

D. M. Chandrashekhar, J. - The Revenue has prayed for a direction to the Income Tax Appellate Tribunal to refer the following questions of law :'1. Having regard to the fact that tribunals decision in quantum appeal had not been accepted whether the Appellate Tribunal is justified in confirming the A.A.Cs order cancelling the penalty imposed u/s. 271(1)(a) of the I.T. Act, 1961 ?2. If the answer to the question No. 1 is in negative, whether the Tribunal was justified in confirming the A.A.Cs order cancelling the penalty of Rs. 32074/-imposed u/s. 271(1)(a) of the I.T. Act, 1961 ?'2. The learned Standing Counsel who appeared for the Revenue, did not dispute that once the order of assessment was set aside by the Appellate Assistant Commissioner, the portion of the order of the Income Tax Officer levying penalty could not stand. However, the learned Standing Counsel contended that the Appellate Assistant Commissioner and the Tribunal should not have cancelled the levy of penalty. The use ...