TMI Blog1978 (7) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... , Shillong, under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as " the Act "), for requiring the Appellate Tribunal to state the case and refer the following questions of law to this court : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that penalty orders passed by the Income-tax Officer as cancelled by the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 14,800. The additional income shown by the assessee represented the share of her minor child in the income of a firm. The Income-tax Officer initiated proceedings for imposition of penalty for both the years and issued notice to the assessee to show cause why penalty be not imposed for concealment of income and ultimately imposed a penalty of Rs. 12,000 for the assessment year 1968-69 and Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order, it refused to state the case and refer any question to this court. Hence, this application under section 256(2) of the Act. The learned counsel for the Commissioner has strenuously urged that the two questions submitted by him do arise out of the order of the Tribunal. It is argued that the assessee had initially concealed a portion of her income, which she was bound to disclose, and, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Saheb Roza Committee v. Commissioner of Income-tax [1967] 63 ITR 490 (SC) and Commissioner of Income-tax v. Greaves Cotton and, Co. Ltd. [1968] 68 ITR 200 (SC). We do not consider it necessary to discuss the authorities relied upon by the learned counsel for the assessee, as, in our opinion, the position is well settled that findings of fact arrived at by the Tribunal are binding upon this court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant are not correct and in support of his contention he has relied upon the following observation by the Tribunal : " This question merely proceeds on a contrary assumption in spite of the said finding of the Tribunal without even challenging the finding by referring to any evidence to the contrary. " Learned counsel for the applicant was unable to point out that it was on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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