(1.) AT the instance of the Revenue, the Income -tax Appellate Tribunal has referred the following question for the opinion of the High Court :
(2.) THE facts relevant are these :
(3.) IN both the matters, the Inspecting Assistant Commissioner imposed penalty under section 271(1)(c). On the assessee taking up the matter before the Tribunal, the order of the Inspecting Assistant Commissioner had no jurisdiction to impose penalty after April 1, 1976, when the Taxation Laws (Amendment) Act, 1975, came into force.