COMMISSIONER OF INCOME TAX Vs. NARAIN KAUR

JUDGEMENT

(1.) THIS reference under Section 256(1) of the Income-tax Act, 1961, must be answered in favour of the revenue, in view of the decision of the Supreme Court in Jain Brothers v. Union of India, 1969 74 ITR 18 (Civil Appeal No. 1593 of 1069, decided on the 18th of November, 1969).

(2.) IN view of the rule laid down as to the powers of this court to issue directions in the decision of the Supreme Court in Commissioner of INcome-tax v. Jubilee Mitts Ltd.,[1968] 68 I.T.R. 630 we direct the Tribunal to examine the feasibility of imposing a penalty after examining the merits of the case and also the fact that in the case of a Central Minister, in similar circumstances, the penalty was waived. We see no reason why a citizen should be treated differently than a Minister. There will be no order as to costs.