2002 (1) TMI 6 - HC - Income Tax

Assessing authority passed an order u/s 186(1) refusing the continuation of registration. He also made an addition on account of clubbing the income - Tribunal granted registration and deleted the addition. However, the Assessing Officer imposed penalty u/s 271(1)(c) - Commissioner of Income-tax (Appeals) cancelled the penalty on the ground that the firm has been granted registration and the addition has been deleted. The order was upheld by the Tribunal on the ground that the very basis for levying penalty did not survive - order of the Tribunal, directing registration and deleting addition has become final. Thus no referable question of law arises from the order of the Tribunal. The reference application is accordingly rejected

Summary

The High Court of Rajasthan rejected a reference application by the Revenue under section 256(2) of the Income-tax Act, 1961. The court upheld the order of the Income-tax Appellate Tribunal granting registration and deleting an addition, leading to the cancellation of a penalty imposed under section 271(1)(c). The court found no referable question of law in this case.