DHARAMDAS AGRAWAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ON an application made by the assessee under S. 256(2) of the INCOME TAX ACT, 1961 (hereinafter referred to as 'the Act'), this Court directed the Tribunal to draw up a statement of the case and refer the following question to this Court for its opinion:

(2.) THE facts in a nutshell which are necessary for answering this question are that the order for the asst. year 1956 -57 was made on 18th March, 1961 and the order imposing penalty was passed on 31st July, 1974 under S. 28(1)(c) of the 1922 Act. The order of imposing penalty under S. 28(1)(c) was maintained in appeal by the AAC and also by the Tribunal in second appeal.

(3.) THEREAFTER , the assessee made an application under S. 256(1) of the Act requiring the Tribunal to refer certain questions to this Court for its opinion. The said application having been dismissed, the assessee made the application under S. 256(2) of the Act on which the order requiring the Tribunal to draw up a statement of case and refer the aforesaid question, was passed by this Court.