2004 (5) TMI 48

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..... osition of penalty requires some material to be used against the assessee which may be held to be a case of concealment. No such factual material could be filed or produced or taken note of by the Assessing Officer and hence, the CIT (Appeals) and the Tribunal quashed the imposition of penalty. This court cannot go into the question of fact recorded by the two appellate authorities and hence such .....

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..... t involve any question of law and what is involved is a pure question of fact. It is this finding which is questioned by making this application and requesting this court to ask the Tribunal to make the reference. Heard Shri R. L. Jain, learned counsel for the applicant and, Shri B. K. Joshi, learned counsel for the non-applicant. Having heard learned counsel for the parties and having perused .....

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..... issue, the Tribunal rightly held that such issue does not involve any question of law as such and since the Commissioner of Income-tax (Appeals) and the Tribunal decided the issue on the facts, no question of law arises in such case. We concur with the observation of the Tribunal and find that the issue really does not involve any question of law as such within the meaning of section 256(1) of .....

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