High Court Of Punjab & Haryana
CIT vs. Rajan Kumar
Section 256(2)
Asst. Year 1981-82
N.K. Sud & Hemant Gupta, JJ.
IT Case No. 8 of 1997
8th March, 2004
Counsel Appeared :
R.P. Sawhney with Kishan Singh, for the Petitioner : Varun Gupta for Akshay Bhan, for the Respondent
JUDGMENT
N.K. Sud, J. :
The Revenue has filed this petition under s. 256(2) of the IT Act, 1961 (for short “the Act”), relating to the asst. yr. 1981-82 praying that the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short “the Tribunal”), be directed to prepare a statement of the case and refer the following question of law arising out of its order dt. 26th March, 1996, for the opinion of this Court :
“Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in confirming the order of the CIT(A), who deleted the penalty of Rs. 3,07,882 under s. 271(1)(c) of the IT Act, 1961, for the asst. yr. 1981-82, particularly when reference petition of the Department is pending before the Hon’ble Punjab & Haryana High Court against the order of the Tribunal passed in RA No. 73/Chandi/1990 ?”
The Revenue had earlier filed application under s. 256(1) of the Act requiring the Tribunal to refer this question to this Court. The said application was rejected by the Tribunal vide order dt. 2nd Sept., 1996, on the ground that it had already rejected the Revenue’s reference application against the quantum appeal.
Learned counsel for the petitioner has brought to our notice that reference petition under s. 256 (2) of the Act in the quantum appeals have already been allowed by this Court and the Tribunal on the direction of this Court has already referred the question of law arising out of its order in those appeals which are listed as IT Ref. Nos. 204 to 208 of 1999.
4. In view of the above, we are satisfied that the Revenue deserves to succeed. Accordingly, we allow this petition with the direction to the Tribunal to prepare a statement of the case and refer the following question of law for the opinion of this Court :
“Whether, on the facts and circumstances of the case, the learned Tribunal is right in law in upholding the deletion of penalty under s. 271(1)(c) of the IT Act, 1961 ?”
[Citation : 272 ITR 377]
