TMI Blog1986 (8) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... in it has been prayed that the following question of law arises in the case and the Income-tax Appellate Tribunal be directed to draw up a statement of case: " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty of Rs. 11,000 levied under section 273(c) of the Act? " Notice of demand for payment of advance tax of Rs. 31,466 was issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re applicable in the instant case also, the assessee, being a partner, and the reasons in the case of the firm having a direct bearing on the partners as well. A penalty of Rs. 33,700 under section 273(c) was levied in the case of the firm for the assessment year 1975-76. The hon'ble Commissioner of Income-tax (appeal) after appreciating the reasonable cause which prevented the firm from filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before the Income-tax Appellate Tribunal, Jaipur, and the Income-tax Appellate Tribunal, Calcutta Bench " D ", camp at Jaipur, by its order dated July 13, 1981, dismissed the appeal. An application was filed on behalf of the Revenue before the Tribunal to make a reference to this court. The Tribunal, by its order dated May 29, 1982, refused to make a reference, as in its opinion the questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gree with Mr. Surolia. It is not disputed that a search was conducted on the business premises on November 19, 1974, and the advance tax could not have been deposited by December 14, 1974. In these circumstances, we are in agreement with the Tribunal that no question of law arises out of the order of the Tribunal. The reference application is, therefore, dismissed. There will be Do order as to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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