https://www.taxtmi.com/caselaws?id=22058 The validity of a penalty reference under section 274(2) of the Income-tax Act must be judged by the law in force on the date of reference. Here, the record did not disclose when the reference to the Inspecting Assistant Commissioner was made, and neither the penalty order, the Tribunal's order nor the statement of case supplied that material date. Without it, the Court could not determine whether the penalty order was within jurisdiction. The first referred question therefore could not be answered, and the second question, raised by the assessee, was not examined. The reference was disposed of without answering the substantive questions. en-us Fri, 17 Aug 1990 00:00:00 +0530 Sat, 05 Dec 2009 17:25:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22058 The validity of a penalty reference under section 274(2) of the Income-tax Act must be judged by the law in force on the date of reference. Here, the record did not disclose when the reference to the Inspecting Assistant Commissioner was made, and neither the penalty order, the Tribunal's order nor the statement of case supplied that material date. Without it, the Court could not determine whether the penalty order was within jurisdiction. The first referred question therefore could not be answered, and the second question, raised by the assessee, was not examined. The reference was disposed of without answering the substantive questions. Case-Laws Income Tax Fri, 17 Aug 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22058