COMMISSIONER OF INCOME TAX Vs. BANSAL ABHUSHAN BHANDAR

JUDGEMENT

(1.) BY way of this order, we shall decide IT Ref. Nos. 272 to 276 of 1995 and Civil Writ Petn. No. 1856 of 1993. In a consolidated order dt. 14th May, 1993 passed in ITA Nos. 9434 to 9438/Del/1990 in respect of asst. yrs. 1982 -83 to 1986 -87, following question of law had been referred for opinion of this Court by the Tribunal, Delhi Bench -B, New Delhi:

(2.) TAKING stock of facts as also of circumstances of this case in the interface of law on the point, this Court had answered this question in favour of the Revenue and against the assessee. It was on 6th Nov., 2006 that a review petition qua this order was preferred by the assessee on 27th Sept., 2007, which, after providing hearing to counsel for the applicant -assessee was dismissed by this Court on 12th Oct., 2007. The assessee had challenged order dt. 6th Nov., 2006 by way of special leave to appeal in the Hon'ble Supreme Court of India. Accepting the plea of the assessee that the impugned order of this Court had been delivered ex parte but without expressing its opinion on merits of the case, liberty was granted to move this Court to put forth its case. Thus, by setting aside the impugned ex parte order, SLP was dismissed.

(3.) IT may be noticed further that in addition to challenging the order of penalty inter alia under s. 271(1) of the IT Act, 1961 (for short, "the Act") before the appellate authority, the assessee on his part had started proceedings for waiver of the penalty imposed for the asst. yrs. 1982 -83 to 1986 -87. Recommendation of the IT authorities had not found favour with the CBDT and consequently the penalty was not waived.