TMI Blog1980 (10) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... x Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion: " Whether, on the facts and in the circumstance of the case, the Tribunal was justified in holding that the IAC was not competent to enlarge the scope of the penalty proceedings by referring to the original loss return of Rs. 18,000 and vacating the penalty levied under section 271(1)(c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing inaccurate particulars of income, so far as the addition of Rs. 11,000 was concerned. The IAC, however, held that the assessee was guilty of concealment and of furnishing inaccurate particulars, and the IAC, accordingly, imposed upon the assessee a penalty of Rs. 19,500. Aggrieved by the order passed by the IAC, the assessee preferred an appeal before the Tribunal. The Tribunal observed that f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment, the Tribunal has referred the aforesaid question of law to this court for its opinion. Having heard learned counsel for the parties, we have come to the conclusion that the Tribunal was justified in holding that the IAC had no jurisdiction to enlarge the scope of the penalty proceedings by referring to the original return filed by the assessee. It is well settled that when the matter i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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