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TMI Blog2002 (12) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Appellate Tribunal has stated a case and referred the following question of law for our consideration under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in cancelling the penalty levied under section 271(1)(c) of the Income-tax Act, 1961, for the assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and set aside the order of the Assessing Officer and remitted the matter to the Assessing Officer for reconsideration of the claim for deduction made by the assessee in a proper perspective. The Appellate Tribunal, while considering the question of imposition of penalty, held that since it remitted the matter to the Assessing Officer to reconsider the claim for deduction made by the assessee, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or deduction made by the assessee was not a false claim is not sustainable on the facts of the case in view of the order of remittal made by the Appellate Tribunal. Further, when the Appellate Tribunal has remitted the matter to the Assessing Officer to consider the question regarding the allowability of the claim under section 35(1)(iv) of the Act, the question whether the claim of the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v) 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. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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