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TMI Blog1984 (3) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... cancelling the penalty order passed by the IAC Dibrugarh Range, Dibrugarh under s. 271(1)(c)?" 2. The facts of the case are in a very narrow compass and may be noted. Shri R. C. Malpani submitted returned of income for asst. yr. 1970-71 showing a total income of Rs. 17,000. The assessment was however, completed on a total income of Rs. 94,620. This income included contract income of Rs. 40,912 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in name and that the income accruing of arising from the contract in the name of said company actually belonged to the assessee." The Tribunal directed that the IAC should make fresh disposal after taking the above observation of the Tribunal into account and after giving the assessee an opportunity of being heard. Accordingly the IAC passed fresh penalty order under s. 271(1)(c). Before that, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia, as follows" "It is seen from the copy of the order that IAC has dropped the penalty proceedings under s. 271(1)(c) for other years as placed in the paper book filed on behalf of the assessee. That apart, the IAC had not brought fresh facts and materials required for the purpose of s. 271(1)(c). Evidence and materials collected in course of the assessment proceedings are a good evidence, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on identical facts in respect of other years. In an much as the Tribunal has deleted the penalty, inter alia, on the aforesaid finding we do not see as to how a question of law can be said to arise out of the aforesaid finding of the Tribunal. Accordingly, we refuse to refer the question formulated by the CIT for the opinion of the Hon ble High Court. 4. Accordingly the reference application s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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