COMMISSIONER OF INCOME TAX Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) ON an application under s. 256(1) of the IT Act, 1961, Tribunal has referred the following question for the opinion of this Court : "Whether, in the facts and circumstances of the case, the Tribunal was justified in cancelling the penalty of Rs. 85,000 imposed by the IAC under s. 271(1)(c) of the IT Act, 1961 ?"

(2.) THE assessee late Dr. L.M. Simlot was a medical practitioner. THE relevant assessment year is 1966-67. In that year, he was also an employee of the Government of Rajasthan. In the returns, he has shown income from salary as well as from private practice.

(3.) THE details of the income of assessee as shown in the original return and 3 revised returns read as under :