COMMISSIONER OF INCOME-TAX Vs. PRATAP CHAND MAHESHWARI

JUDGEMENT

(1.) THIS judgment will decide I. T. Reference Nos. 2, 10 to 17 of 1979 and 38, 39, 40 and 46 of 1978 which contain similar questions of law. The facts are being given in the judgment from I. T. Ref. No. 15/1979. The Income-tax Appellate Tribunal, Amritsar, referred to us the following questions for the opinion of this court under Section 256 (1) of the I. T. Act, 1961 (hereinafter called the " 1961 Act"):

(2.) (ARISING out of I. T. Ref. No. 2 of 1979) Assessment year 1973-74 " (i) Whether a wrong estimate of income filed by a firm under Section 212 would constitute a reasonable cause ;in the case of the partner for the purpose of levy of penalty under Section 273 (a) of the Income-tax Act, 1961 ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal is right in deleting the penalty imposed under Section 273 (a) of the Income-tax Act ? "

(3.) ARISING out of LT. Ref. Nos. 10, 11, 12 and 13 of 1979) Assessment year 1970-71 " (i) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that non-filing of an estimate under Section 212 (3a) of the Income-tax Act, 1961, by the firm would constitute a sufficient cause within the meaning of Section 273 (c) of the Income-tax Act, 1961, for not filing an estimate under Section 212 (3a) of the Act by the partners ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that when a firm has been penalised under Section 273 (a) of the Income-tax Act, 1961, no penalty can be imposed under the said section on its partners ? "