COMMISSIONER OF INCOME TAX Vs. HIND GRAIN SUPPLIERS

JUDGEMENT

(1.) By this application, the Commissioner of Income-tax requires us to direct the Income-tax Appellate Tribunal to state the case on the following questions : "1. Whether, on the facts and in the circumstances of the case the Tribunal has misdirected itself in law in arriving at the finding that the penalty under Section 271(1)(c) would not be justified with reference to the first addition of Rs. 45,112 ?

(2.) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in deciding that the proviso to Explanation 1 appended to Section 271(1)(c) is not attracted in the case of the second addition of Rs. 29,298 on account of discrepancy of 470 tins of vanaspati ? .

(3.) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in deciding that Explanation 1 to Section 271(1)(c) does not result in the imposition of penalty for the third addition of Rs. 13,600 on account of shortage in ' boora khand ' account ?