9911796707
TMI Blog1996 (3) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ), the applicant-Department seeks as direction to the Income-tax Appellate Tribunal, Indore Bench, Indore, to state the case and refer the undernoted three questions said to be of law for the opinion of this court arising out of its order dated June 27, 1991, passed in I. T. A. No. 460/Ind. of 1989 and its refusal to refer the case by order dated November 26, 1991, passed in R. A. No. 252/Ind. of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 99,690 but the Assessing Officer made additions of Rs. 10,000 on account of certain undisclosed transactions of purchase and sale and of Rs. 2,563 on account of discrepancies in the matter of Bardana use by the assessee. The assessment was not challenged by the non-applicant/assessee in appeal and as such the additions became final. Subsequently, the penalty proceedings were also initiated by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since the order was not acceptable to the Department, it moved an application before the Tribunal under section 256(1) seeking reference. The Tribunal, however, rejected the application by its order dated November 16, 1991, holding that the order of the Tribunal is based on appreciation of facts on record and as such no referable question of law arises therefrom. The Department has, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direct the Tribunal to state the case and refer the following question of law for the opinion of this court : " Whether, on the facts and in the circumstances of the case, there was any material with the Income-tax Appellate Tribunal justifying cancellation of penalty under section 271(1)(c) ? " The application accordingly stands allowed as aforesaid without any order as to costs. Counsel's fe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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