TMI Blog1994 (2) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 (for short, "the Act"), filed by the assessee against the order dated January 20, 1993, passed by the Income-tax Appellate Tribunal, Gauhati Bench, in Income-tax Reference No. 163/(Gau) of 1991 arising out of I. T. No. 152/(Gau) of 1990 for the assessment year 1985-86 rejecting the reference application filed by the assessee under section 256(1) of the Act. The assessee seeks to refer the fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and before the Tribunal ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal committed a manifest error of law in confirming the penalty imposed under section 271(1)(c) of the Income-tax Act, 1961, solely on the basis of reasons given in the assessment order and without considering the entirety of the facts and circumstances as well as the legal position relevant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case and on going through the questions referred to above, we feel that questions Nos. 3 and 4 of the aforesaid four questions sought to be referred to this court by the assessee do constitute questions of law and, accordingly, we direct the learned Tribunal to refer to us a statement of the case on questions Nos. 3 and 4 referred to above for our opinion. The application stands ..... X X X X Extracts X X X X X X X X Extracts X X X X
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