High Court Of Rajasthan
CIT vs. Rajkumar Sancheti
Section 256(2)
N.N. Mathur & O.P. Bishnoi, JJ.
IT Ref. No. 132 of 1998
12th September, 2001
Counsel Appeared
Sandeep Bhandawat, for the Petitioner : Rajendra Mehta, for the Respondent
JUDGMENT
N.N. MATHUR, J. :
This is a reference application under s. 256(2) of the IT Act for directing the Tribunal, Jaipur, to refer the question of law framed in the reference application arising out of the order of the Tribunal dt. 13th Aug., 1997, in ITA No.1873/Jp/1991. It is submitted by both the learned counsel that question of law involved in the instant reference application has been asked to refer by the order of this Court dt. 14th March, 2000, in D.B. IT Ref. No. 69 of 1999, CIT vs. Laxmi Chand.
2. Accordingly, we allow this reference application and direct the Tribunal to submit the statement of case and to refer the following questions of law for the opinion of this Court :
“1. Whether, on the facts and in the circumstances of the case the Tribunal is legally justified in finding that the case of the assessee is covered under the amnesty scheme and that no penalty is leviable in assessee’s case under s. 271(1)(c) of the IT Act ?
2. Whether, on the facts and in the circumstances of the case the Tribunal is legally justified in finding that the case of the assessee is covered by question Nos. 7 and 19 of Circular No. 451 and answers to such questions?”
[Citation : 257 ITR 787]
