COMMISSIONER OF INCOME TAX Vs. JAI NARAIN

JUDGEMENT

(1.) IN compliance with this court's order dated July 11, 1978, passed in ITA No. 376 of 1978 under Section 256(2) of the INcome-tax Act, 1961, the Appellate Tribunal, Allahabad, has referred the following question of law for the opinion of this court :

(2.) THE aforesaid question arises out of the Tribunal's order dated March 23, 1977, passed in ITA No. 3 (All) of 1976-77 for the assessment year 1969-70.

(3.) A perusal of the orders of the authorities below would show that this Explanation, was not invoked by the Assessing Officer for levying the penalty. The question as such, therefore, does not arise out of the order of the Tribunal. In any case the proviso to Explanation 1 could be attracted in case the Revenue had placed reliance on the Explanation.