1996 (1) TMI 34

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..... "the Act"), with the prayer that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, may be directed to refer the following question for the opinion of this court : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in not deciding the issue raised in the grounds of appeal and in upholding the cancellation of penalty of Rs. 2 .....

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..... re, upheld the cancellation of the penalty. The Tribunal was also of the view that the case of the assessee is squarely covered by the decision of this court in CIT v. Builders Engineers Co. [1989] 175 ITR 317. We are also of the view that for the reasons stated in the order no referable question of law arises in this matter. The application under section 256(2) of the Act is, therefore, dismiss .....

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