1998 (12) TMI 613

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....#39;(i) Whether, on the facts and circumstances of the case, the Hon'ble Tribunal was justified in law in deleting the penalty of Rs. 57,810 levied by the AO under s. 271B and upheld by the learned CIT(A)? (ii) Whether, on the facts and in the circumstances of the case, the Honble Tribunal was justified in law in allowing by admitting additional evidence without affording opportunity to Rev....

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....tive Inspector to CIT, wherein it was stated that audit report could not be submitted before 30th June, 1986, due to heavy departmental workload. A certificate from Asstt. Registrar, Co-operative Societies was also filed in support. Upon this Tribunal recorded its satisfaction and cancelled the penalty on the reasonable cause shown. Revenue thereafter filed application under s. 256(1) seeking refe....

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....upport. There can be no quarrel with the proposition that denial of principles of natural justice in a given case could raise a legal question. But in the present case it was again a question of fact. It is not in dispute that Revenue was represented when documents explaining delay by assessee were considered and that matter was considered and disposed of after hearing both parties. Therefore, the....