LAKSHMINARAYANAN K Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is petition under Section 256(2) of the Income-tax Act, 1961, whereunder the petitioner is seeking a direction to the Appellate Tribunal to state the case and refer the following questions of law for the opinion of this court:

(2.) MR. Padmanabhan, the learned counsel for the petitioner, would urge that the matter involved in this case is not purely a question of law, but is a matter concerning jurisdiction and therefore notwithstanding the fact that the matter was not mooted before the Appellate Tribunal, it is open to this Court is exercise of its powers, under Section 256(2) to require the Tribunal to state a case and to refer the questions as framed by him to the High Court. He would also state that the Revenue, in the course of levying the penalty and processing the proceedings for the imposition of penalty, did not find as a fact as to which portion of the escaped income is attributable to any overt or covert act on the part of the petitioner. In the absence of such a finding, the penalty imposed is again vitiated by an error of law.

(3.) PETITION dismissed.