(1.) CM No. 23470 -CII of 2005 For the reasons stated in the application, the delay in filing the appeal is condoned.
(2.) HE application stands disposed of. T Appeal No. 585 of 2005
(3.) THE appellant (hereinafter described as 'the assessee') has approached this Court, by filing the present appeal, 'the Tribunal') in ITA No. 79/Asr/2004 for the asst. yr. 1993 -94, raising the following substantial question of law : "Whether, under the facts and circumstances of the case, the Tribunal was justified in upholding the levy of penalty under s. 271(1)(c) to the extent of Rs. 4,42,928 while interpreting the Expln. 5 to s. 271(1)(c) for the asst. yr. 1993 -