2001 (9) TMI 41

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..... under section 256(1) of the Income-tax Act, 1961, to answer the following question of law, namely: "Whether, on the facts and in the circumstances of the case, the learned Members of the Income-tax Appellate Tribunal were legally justified in confirming the order passed by the Commissioner of Income-tax (Appeals) that when the additions on the basis of which the penalty imposed has been deleted, .....

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..... here was no case for penalty under section 271(1)(c) of the Income-tax Act. The Department preferred an appeal before the Tribunal against the said order. The Tribunal upheld the order of the Commissioner of Income-tax (Appeals). It is agreed by both learned counsel for the parties that the question sought to be referred in this reference application has been answered by the Division Bench of .....

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