CIT Vs. MITHAN LAL PURAN MAL

JUDGEMENT

(1.) THE Income Tax Appellate Tribunal, Delhi has referred the following question of law under section 256(l) of the Income Tax Act, 196 1, hereinafter referred to as 'the Act'for opinion to this Court. 'Whether on the facts and in -the circumstances of the case, the Tribunal was correct in law in confirming the order of the Commissioner (Appeals) cancelling the penalty imposed by the Income Tax Officer under section 271B on the ground that same was not exigible where the audit report under section 44AB was filed along with a return under section 139(4) and no notice under section 142(1) had been, issued ?'

(2.) THE present Reference relates to the assessment year 1989 -90.

(3.) FURTHER on appeal before the Tribunal, the Tribunal upheld the order of the Commissioner (Appeals).