COMMISSIONER OF INCOME TAX Vs. AGARWAL ENTERPRISES

JUDGEMENT

(1.) THIS is a bunch of twelve applications under S. 256(2) of IT Act filed at the instance of the Revenue in respect of asst. yrs. 1977-78 to 1981-82. The following common questions have been proposed in these applications :

(2.) THE respondent assessee was subjected to penalties under the various provisions of the IT Act which were deleted on the sole consideration that the assessment orders on the quantum side were not sustained and had been set aside on appeal by the Tribunal. The orders imposing penalties, therefore, cannot survive. It may be observed that on the quantum side the Tribunal itself has made a common reference to this Court in respect of the years in question under S. 256(1) of the IT Act which is still pending decision. We are of the opinion that the order of the Tribunal deleting the penalties do give rise to the questions set out above which are questions of law. We direct the Tribunal to draw up a statement of the case and refer the aforesaid questions for opinion of this Court. In the result, all the applications are allowed with costs which we assess at a consolidated sum of Rs. 500.