1990 (8) TMI 26

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..... ction 256(1) of the Income-tax Act, 1961 : "1. Whether, on the facts and in the circumstances of the case, the penalty orders passed by the Inspecting Assistant Commissioner under section 271 (1)(c) read with section 274(2) of the Act were without jurisdiction ? (2) Whether, on the facts and in the circumstances of the case, the penalty orders passed under section 271(1)(c) read with section 2 .....

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..... of reference by the Income-tax Officer to the Inspecting Assistant Commissioner under section 274(2). As stated earlier, this is the material date with reference to which it can be decided whether or not the order of the Inspecting Assistant Commissioner imposing penalty was valid. Mr. Jetley, learned counsel for the Department, made an attempt to persuade us to assume that the date of referenc .....

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..... on the date on which the order of the same assessment or notice under section 274 was issued by the Income-tax Officer. In the absence of the date of reference, it is not possible to answer the first question. The first question is, therefore, returned unanswered. The second question is at the instance of the assessee. In view of the fact that we are returning the first question referred to u .....

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