TMI Blog1998 (12) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... tified in law in deleting the penalty of ₹ 57,810 levied by the AO under s. 271B and upheld by the learned CIT(A)? (ii) Whether, on the facts and in the circumstances of the case, the Honble Tribunal was justified in law in allowing by admitting additional evidence without affording opportunity to Revenue, despite the material on record against assessee's claim in the matter? 2. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before 30th June, 1986, due to heavy departmental workload. A certificate from Asstt. Registrar, Co-operative Societies was also filed in support. Upon this Tribunal recorded its satisfaction and cancelled the penalty on the reasonable cause shown. Revenue thereafter filed application under s. 256(1) seeking reference of the above stated questions to this Court which was rejected on the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural justice in a given case could raise a legal question. But in the present case it was again a question of fact. It is not in dispute that Revenue was represented when documents explaining delay by assessee were considered and that matter was considered and disposed of after hearing both parties. Therefore, the question of Tribunal bringing any additional evidence on record at the back of Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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