1991 (4) TMI 52

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n : "Whether, on the facts and circumstances of the case, the Incometax Appellate Tribunal was justified in knocking off the penalty solely on the ground that the income of the assessee had been made by estimate ?" The assessee is a private medical practitioner of Bijnor. The assessment year concerned is 1970-71. He declared a total income of Rs. 6,381. The Income-tax Officer, however, estimat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... an assessee's income, it will not be reasonable to penalise an assessee only on the technical ground that the provisions of the Explanation to section 271(1) are attracted." But this is not the only ground for allowing the appeal. Furthermore, it is stated in the very same paragraph that : "In the instant case, there is nothing to suggest fraud or gross or wilful neglect on the part of the ass .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... not inclined to disturb the finding of the Tribunal that no penalty is leviable in this case. In the above circumstances, we decline to answer the question referred because it proceeds on the factual assumption which is not found to be correct. However, the Tribunal may note the observations made hereinbefore. The reference is answered accordingly. There shall be no order as to costs. - - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X