1990 (10) TMI 6

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..... of income - penalty u/s 271(1)(a) not leviable. - C.A. 402 OF 1976 - - - Dated:- 31-10-1990 - M. M. PUNCHHI. and S. C. AGARWAL. ORDER These appeals have arisen against similar orders of the High Court of Andhra Pradesh (CIT (Addl.) v. M. J. Devda [1977] 109 ITR 484) failing to be persuaded, the Income-tax Appellate Tribunal beforehand, to refer the following three questions of l .....

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..... cumstances of the case, the penalty leviable within the meaning of section 271 (1) (a) shall be with reference to the net tax remaining due and payable at the date of final assessment after deduction of the tax paid under section 140A/ 141 ? " Learned counsel for the parties are agreed that the answer to question No. (1) would be against the Revenue and in favour of the respondent assessee on th .....

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