1986 (8) TMI 21

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..... inafter referred to as " the Act "), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion: " Whether, on the facts and in the circumstances of the case, the Inspecting Assistant Commissioner had any jurisdiction to impose penalty under section 27 l(1)(c) on March 23, 1977, after sub-section (2) of section 274 was deleted with e .....

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..... 11, 1975. In view of the facts stated in the supplementary statement of the case, it must be held, following a Division Bench decision of this court in CIT v. A. N. Tiwari [1980] 124 ITR 680, that as the reference was made to the Inspecting Assistant Commissioner under section 274(2) of the Act in accordance with the provisions of that section, as it stood at the time of making the reference, t .....

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..... er having jurisdiction to initiate proceedings against an assessee for imposition of penalty under section 274(2) of the Act. As the Income-tax Officer in the instant case had referred to the Inspecting Assistant Commissioner having jurisdiction the question of imposition of penalty under section 271(1)(c) of the Act on September II, 1975, it must be held that a valid reference was made by the Inc .....

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