1969 (9) TMI 3

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..... he Indian Income-tax Act, 1922, which were carried in appeal to the Income-tax Appellate Tribunal, Calcutta Bench, the Tribunal was moved under section 66(1) of the Indian Income-tax Act, 1922, for referring the following question to the High Court at Calcutta: "Whether, on the facts and circumstances of the case, penalty could be levied on the assessee under section 28(1)(c) of the Indian Incom .....

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..... estion whether penalty was leviable in the circumstances of the case on the assumption sought to be involved in the question or with modification, arose out of the order of the Tribunal had to be dealt with by the High Court and for rejecting the petition some reasons had to be given. Since the High Court has not chosen to give any reasons, we set aside the order of the High Court and direct that .....

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