COMMISSIONER OF INCOME TAX Vs. GANESHRAM NAYAK

JUDGEMENT

(1.) ON being moved by the revenue under Section 256(2) of the I.T. Act of 1961 (hereinafter referred to as " the Act "), this court called upon the Appellate Bench of the Income-tax Tribunal at Cuttack to state a case and refer the following question for the opinion of the court:

(2.) ASSESSEE is a forest contractor. The relevant assessment years are 1963-64, 1964-65 and 1970-71. ASSESSEE omitted to file his returns and action was taken by the ITO under Section 147 of the Act and the assessee was directed to file returns under Section 139(2) of the Act. The ITO initiated proceedings under Section 273(b) of the Act for the imposition of penalty and after hearing the assessee levied penalties of different amounts for the three years.