CIT Vs. BINANI METALS LTD.

JUDGEMENT

(1.) IN this appeal by the revenue for the assessment year 1996 -97, the following questions have been proposed for our consideration.

(2.) WE find no fault with the order of the Tribunal taking a view that in view of deletion of the addition made in the quantum proceeding by the assessing officer, no occasion to impose any penalty can arise. In any event, the CIT(A) has cancelled the penalty on merits. In view of the above, no occasion to entertain question (b) can arise.

(3.) SO far as question (a) is concerned, the Misc. Application for early hearing of the appeal was allowed. The Misc. Application as annexed to the appeal memo, is an application merely for early hearing and the same having been allowed question (a) as proposed does not arise from the order of the Tribunal. Accordingly, appeal dismissed with no order as to costs.