TMI Blog2002 (7) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... ax (Appeals) or even cross-objection against the Departmental appeal?" - both the questions referred at the instance of the Revenue are answered against the Revenue and in favour of the assessee - - - - - Dated:- 31-7-2002 - Judge(s) : V. S. SIRPURKAR., N. V. BALASUBRAMANIAN. JUDGMENT The judgment of the court was delivered by N.V. BALASUBRAMANIAN J.-In pursuance of the directions of this court, the Income-tax Appellate Tribunal has stated a case and referred the following questions of law for our consideration in relation to the assessment year 1966-67 of the assessee: "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in setting aside the order of the Commissioner of Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresented the actual concealed income. The Commissioner (Appeals) has allowed the appeal preferred by the assessee and cancelled the penalty levied by the Income-tax Officer on the ground of lack of jurisdiction of the Income-tax Officer to levy the penalty. Aggrieved by the order of the Commissioner (Appeals), the Revenue preferred a further appeal before the Tribunal. The Appellate Tribunal, following the decision of the Supreme Court in the case of Jain Brothers v. Union of India [1970] 77 ITR 107, held that the Income-tax Officer has the necessary jurisdiction to impose the penalty and that part of the order of the Commissioner of Income-tax (Appeals) was set aside. At the time of hearing the appeal before the Tribunal, the authorise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided the matter against it on the question of jurisdiction of the Income-tax Officer to levy the penalty, it made a plea that the matter should be remitted to consider the case by the Commissioner of Income-tax (Appeals). No doubt, the Tribunal could have gone into the question on the merits as the point was raised by the assessee. Instead, it exercised its discretion and remitted the matter to the Commissioner of Income-tax (Appeals). Hence, we do not find any justifiable reason to disturb the order of the Tribunal as it has exercised its discretion properly and on proper grounds, and has remitted the matter back to the Commissioner of Income-tax (Appeals) to decide the matter afresh on the merits. Accordingly, both the questions referr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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