TMI Blog1988 (2) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... from this court under section 256(2) of the Income-tax Act, 1961, is as under: " 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in setting aside the order of the Appellate Assistant Commissioner, cancelling the levy of penalty of Rs. 3,021 by the Income-tax Officer under section 271 (1)(c) of the Incometax Act, on the basis of a def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner to consider the question regarding merits. Aggrieved by the aforesaid order, the matter has been carried to this court by the assessee. Looking at the notice under section 274 dated March 12, 1974, we are inclined to accept the assessee's contention that the notice was defective, because the relevant portion in the notice concerning the levy of penalty for concealment of income and giving i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 238. Mr. A. Satyanarayana, learned counsel for the assessee, represents to this court that the matter relates to 1969-70 and as nearly two decades have since elapsed, the question regarding the merits remained unresolved causing considerable hardship to the assessee. It was pointed out that although there was a direction by the Tribunal to the Appellate Assistant Commissioner to decide the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd dispose of them so that there is a decision on all the points urged. When the matter is processed, no further time will be lost by the necessity to remand the matter on matters not considered. We hope the learned Appellate Assistant Commissioner will take up the matter without further delay and record his views on the question on merits. The reference is answered accordingly. No costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
