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Issues:
Imposition of penalty under section 271(1)(c) of the Income-tax Act, 1961 for the assessment years 1973-74 and 1974-75 and the cancellation thereof. Analysis: The Commissioner of Income-tax, Kolhapur, filed an application under section 256(2) of the Income-tax Act, 1961, seeking a reference to the High Court regarding various questions related to the imposition and cancellation of penalties under section 271(1)(c). The questions raised included whether the Income-tax Appellate Tribunal was justified in canceling the penalty levy for concealment based on different grounds, and whether the additions to the assessee's income were deemed income or direct income. The Tribunal had initially imposed penalties which were later challenged and dismissed on the grounds of lack of jurisdiction. The Tribunal concluded that there was no justification for the penalties and dismissed the Department's appeals on merits. Subsequently, a miscellaneous application for rectification was filed, which was partly allowed by the Tribunal. However, the Tribunal rejected the Commissioner's application for reference to the High Court under section 256(1) of the Act. The High Court, after considering the facts and circumstances of the case, found that no referable question arose in this instance. The Court agreed with the Tribunal's reasoning and conclusion in dismissing the Department's application for rectification of the previous order. The High Court discharged the rule with no order as to costs, thereby upholding the Tribunal's decision regarding the penalties imposed and canceled under section 271(1)(c) for the assessment years 1973-74 and 1974-75.
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