COMMISSIONER OF INCOME TAX Vs. RAJAN KUMAR

JUDGEMENT

(1.) THE Revenue has filed this petition under s. 256(2) of the IT Act, 1961 (for short "the Act"), relating to the asst. yr. 1981 -82 praying that the Income -tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal"), be directed to prepare a statement of the case and refer the following question of law arising out of its order dt. 26th "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in confirming the order of the CIT(A), who deleted the penalty of Rs. 3,07,882 under s. 271(1)(c) of the IT Act, 1961, for the asst. yr. 1981 -82, particularly when reference petition of the Department is pending before the Hon'ble Punjab & Haryana High Court against the order of the Tribunal passed in RA No. 73/Chandi/1990 -

(2.) THE Revenue had earlier filed application under s. 256(1) of the Act requiring the Tribunal to refer this question to this already rejected the Revenue's reference application against the quantum appeal.

(3.) LEARNED counsel for the petitioner has brought to our notice that reference petition under s. 256(2) of the Act in the quantum appeals have already been allowed by this Court and the Tribunal on the direction of this Court has already referred the question of law arising out of its order in those appeals which are listed as IT Ref. Nos. 204 to 208 of 1999.