2004 (3) TMI 14 - HC - Income Tax

Whether, Tribunal is right in law in confirming the order of the CIT (Appeals), who deleted the penalty u/s 271(1)(c) particularly when reference petition of the Department is pending before the hon ble Punjab and Haryana High Court against the order of the Tribunal? Revenue had earlier filed application u/s 256(1) requiring the Tribunal to refer this question to this court. The said application was rejected by the Tribunal on the ground that it had already rejected the Revenue s reference application against the quantum appeal - Revenue has brought to our notice that reference petition u/s 256(2) in the quantum appeals have already been allowed by this court and the Tribunal on the direction of this court has already referred the question of law arising out of its order in those appeals - we allow this petition with the direction to the Tribunal to prepare a statement of the case and refer the following question of law Whether, Tribunal is right in law in upholding the deletion of penalty u/s 271(1)(c)?

Summary

Issues:
- Interpretation of section 256(2) of the Income-tax Act, 1961 for assessment year 1981-82.
- Validity of the Tribunal's decision to reject the Revenue's application under section 256(1) of the Act.
- Consideration of reference petitions and their impact on the Tribunal's decision-making process.

Analysis:
The judgment pertains to a petition filed by the Revenue under section 256(2) of the Income-tax Act, 1961 concerning the assessment year 1981-82. The issue at hand was whether the Income-tax Appellate Tribunal should be directed to prepare a statement of the case and refer a specific question of law to the High Court for its opinion. The Tribunal had initially rejected the Revenue's application under section 256(1) of the Act, citing a previous rejection related to the quantum appeal. However, the petitioner highlighted that reference petitions in quantum appeals had been allowed by the High Court, leading to the Tribunal referring questions of law from those appeals. Consequently, the High Court found merit in the Revenue's petition and directed the Tribunal to prepare a statement of the case and refer the question of law regarding the deletion of penalty under section 271(1)(c) of the Income-tax Act, 1961 for its consideration.

This judgment underscores the importance of procedural compliance and the proper interpretation of statutory provisions, particularly in the context of reference applications under the Income-tax Act. It clarifies the significance of High Court directives and the impact of related reference petitions on the Tribunal's decision-making process. The decision reflects a meticulous analysis of the legal framework and the interplay between different stages of the appellate process in tax matters. Ultimately, it emphasizes the need for consistency and adherence to legal procedures to ensure the effective resolution of disputes within the taxation system.