(1.) THE Tribunal, Allahabad has referred the following two questions under s. 256(1) of the IT Act (hereinafter referred to as the Act) for opinion to this Court :
(2.) THE matter relates to the asst. yr. 1989 -90.
(3.) THE present reference arises out of penalty proceeding under s. 271B of the Act. The respondent -assessee filed return 139 of the Act. In reply to the show -cause notice it was stated that the respondent -assessee was obliged to get its the Act, which was set aside in appeal by the CIT(A). The said order has been confirmed by the Tribunal.