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Issues: Whether the deletion of penalty under section 221(1) of the Income-tax Act, 1961 was justified where the assessee had filed a stay application and the demand remained unattended at the relevant time, and whether any question of law arose for reference under section 256(2).
Analysis: The assessee had been served with a demand notice under section 156 and had moved for stay of recovery before the expiry of the time for payment. The Tribunal accepted that, in the circumstances, the assessee could not be fastened with penalty merely because the recovery was not stayed by an order of the Assessing Officer, and that the deletion of penalty did not raise any referable question of law.
Conclusion: The deletion of penalty was upheld and the reference application was rejected as no question of law arose.