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TMI Blog2005 (1) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee so as to evade payment of income-tax. The assessee being a non-profit organisation managed and controlled by the Government of India for supply/distribution of electricity in the State, it cannot be held that they had any deliberate intention to evade payment of tax. If due to some accountancy system maintained, one entry could not be subjected to tax, the same was rightly not made the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tified in holding that the provisions of Explanation 4 to section 271(1) are not applicable in the instant case? 2. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in cancelling the penalty under section 271(1)(c) of Income-tax Act levied upon the assessee by the Assessing Officer?" Heard Shri R.L. Jain, learned senior counsel with Ku. V. Mandl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In reply, the explanation of the assessee in substance was that it was not due to any deliberate intention on their part but it occurred due to the fact that accounts were prepared in the head office at Delhi, that the amount in question was at the disposal of the head office, that looking to the nature of the amount, the same was credited in the reserve account. It was also contended that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in its appellate jurisdiction which is well defined under section 260A ibid the same cannot be re-examined on the facts again. It is only when it is noticed that the finding of fact is perverse or against any provision of law, or is incapable of being rendered due to any restrictions placed, a substantial question of law may emerge out of the impugned order. So far as the applicability of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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