LAWS(P&H)-2009-7-188

RAM PIARI Vs. COMMISSIONER OF INCOME TAX

Decided On July 09, 2009
RAM PIARI Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) THE Tribunal, Chandigarh Bench, Chandigarh has referred, at the instance of the assessee, following questions of law for opinion of this Court under Section 256(1) of the IT Act, 1961 (for short, "the Act") arising out of its order dt. 15th March, 1993 in ITA No. 1247/Chd/1987 for the asst. yr. 1977 -78:

(2.) WHETHER on the facts and in the circumstances of the case, the Tribunal was justified in upholding the penalty especially when AO levied the penalty on account of wilfully and deliberately concealing the particulars of income whereas it has been sustained by the CIT(A) on a different ground of showing inaccurate particulars of income in the return ?

(3.) WE have heard learned Counsel for the parties and perused the record.