1988 (3) TMI 51

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..... ed for the opinion of this court : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that once a notice under section 139(2) of the Income-tax Act, 1961, has been issued to an assessee during the relevant assessment year, there cannot be any penalty under section 271(l)(a) for the failure to furnish the return under section 139(1) of th .....

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..... o this court have to be answered against the assessee. The question as to whether penalty under section 271(1)(a) could be imposed even after charging interest under section 139 for delayed submission of return in all its aspects including the broad question as reframed, whether in the facts and in the circumstances of the case, penalty under section 271(1) is leviable or not is answered in the af .....

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