COMMISSIONER OF INCOME TAX Vs. FARAHATULLAH M

JUDGEMENT

(1.) THIS is a reference at the instance of the CIT by the Tribunal, Hyderabad Bench, under s. 256(1) of the IT Act, 1961, on the following questions of law for the opinion of this Court : "1. Whether, on the facts and in the circumstances of the case, there was any material or basis before the Tribunal to hold that the assessee was not guilty of contumacious conduct ?

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty levied under s. 271(1)(a) ?