COMMISSIONER OF INCOME TAX Vs. RAMNARAYAN MOOLCHAND

JUDGEMENT

(1.) THIS is an application at the instance of the Commissioner of Income-tax, M.P., Bhopal, under Section 256(2) of the I.T. Act seeking a direction from this court to the Income-tax Appellate Tribunal, Indore, to refer the following questions arising out of its order dated September 25, 1978 :

(2.) WHETHER, on the facts and in the circumstances of the case, and in view of the provisions contained in Section 271(1)(c) of the Income-tax Act, 1961, and the Explanation thereto, the Tribunal was right in law in upholding the Appellate Assistant Commissioner's order cancelling the penalty imposed on the assessee ?"

(3.) THE Department appealed against the order of the AAC, before the Income-tax Appellate Tribunal, Indore. THE Appellate Tribunal confirmed the order of the AAC and dismissed the appeal.