1983 (2) TMI 4

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..... 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 Tribunal was right in holding that the order of the Inspecting Assistant Commissioner of Income-tax imposing a penalty under section 271(1)(c) of the Income-tax Act, 1961, was not bad in l .....

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..... f the Act. Aggrieved by that order, the assessee preferred an appeal before the Tribunal. It was urged by the assessee before the Tribunal that on March 20, 1978, when the Inspecting Assistant Commissioner passed the order imposing penalty, the Inspecting Assistant Commissioner had no jurisdiction to impose penalty under section 271(1)(c) of the Act in view of the fact that sub-section (2) of sect .....

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..... he matter regarding imposition of penalty was referred to the Inspecting Assistant Commissioner, as that date would be material for the purpose of answering the question referred to this court. In our opinion, this submission is well founded in view of a decision of this court in CIT v. A. N. Tiwari [1980] 124 ITR 680, where it has been held that what was important to see was whether the reference .....

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