2000 (12) TMI 33

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..... x Act, 1961 (for short, "the Act"), the Income tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal"), referred the fallowing question of law to this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the order of the Commissioner of Income-tax (Appeals) who upheld the penalty levied by the Assessing Officer .....

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..... under section 271B of the Act. The appeal filed by the assessee was dismissed by the Commissioner of Income-tax (Appeals), Shimla, and the penalty imposed by the Assessing Officer was upheld. That order was set aside by the Tribunal. We have heard Shri R. P. Sawhney, senior advocate appearing for the Revenue. Learned counsel fairly stated that the question similar to the one referred by the Tribun .....

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