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TMI Blog1985 (9) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... m by a common order. We shall notice the facts giving rise to D. B. Civil Income-tax Case No. 55 of 1981. The petitioner-assessee is a partnership firm, having its office at jodhpur and carries on business in automobiles and automobile parts. The assessee, in each of the assessment years, allowed to its employee, Gopal Das, who was working as salesman of the firm, a commission of 5% on sales of automobile accessories and parts in lieu of remuneration for his services in addition to a salary of Rs. 250 per month. The commission was paid in accordance with the agreement dated November 11, 1969, between the said Gopal Das and the assessee. In the returns filed in respect of the assessment years under consideration, the assessee claimed the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings to him, imposed a penalty on the assessee under section 271(1)(c)(iii) of the Act. He was of the opinion that it was an ex gratia payment made by the assessee to the said Gopal Das. Thus, by claiming the commission paid to an employee by the assessee as an allowable business expenditure, the assessee concealed particulars of its income. The assessee filed an appeal before the Tribunal against the order imposing penalty. The Tribunal dismissed the appeal and maintained the penalty imposed by the Inspecting Assistant Commissioner. A reference application under section 256(1) of the Act was filed by the assessee requesting it to state the case and to refer the following questions of law arising out of its appellate order to this c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material on record ? 5. Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal is justified in sustaining the penalty and the alleged charges of furnishing inaccurate particulars of its income, although the learned Inspecting Assistant Commissioner had imposed penalty by holding that the assessee had concealed particulars of income? " The facts in the other two Reference Applications Nos. 56 and 109 of 1981 under section 256(2) of the Act are almost identical and it is not necessary to state them in detail. The assessee had filed these applications under section 256(2) of the Act as the Tribunal has dismissed the applications under section 256(1) of the Act holding that no question of law arises out of its appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 271(1)(c) of the Income-tax Act, 1961, and the Explanation thereto, the Appellate Tribunal was right in law in sustaining the penalty imposed on the assessee ? 3. Whether, on the facts and in the circumstances of the case and in view of the provisions contained in section 271(1)(c)/section 274(2) and its amendment with effect from April 1, 1976, the Appellate Tribunal was right in law in rejecting the assessee's contention that the Inspecting Assistant Commissioner of Income-tax has no right to impose penalty upon the assessee ? 4. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that there is positive evidence on record to show that the assessee had furnished inaccurate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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