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2002 (12) TMI 62 - HC - Income Tax"Whether, Tribunal was right in law in cancelling the penalty levied under section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 1984-85?" we reframe the question as under: "Whether, Tribunal was right in law in cancelling the penalty levied under section 271(1)(c) for the assessment year 1984-85 having remitted the issue relating to the disallowance of the assessee's claim under section 35(1)(iv) for fresh consideration by the Assessing Officer which led to imposition of the impugned penalty ?" - Though we answer the question of law as reframed by us in the affirmative, technically still the question whether penalty is leviable or not would depend upon the final order of assessment that may be made by the Assessing Officer in accordance with law.
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