1987 (8) TMI 20

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... swer the following question of law : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty order passed under section 271 (1)(c) of the Income-tax Act, 1961, holding that the Inspecting Assistant Commissioner of Income-tax had no jurisdiction to levy the said penalty on May 25, 1978 ? " The relevant assessment year is 1973-74. The asse .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... already held by us in several matters following the decision in CIT v. Shri Ram Prakash Saraf [1986] 160 ITR 860 (MP), the determining factor for deciding the Inspecting Assistant Commissioner's jurisdiction to impose penalty is the date of reference by the Income-tax Officer to the Inspecting Assistant Commissioner. In case such a reference was made by the Income-tax Officer prior to April 1, 19 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X