1970 (4) TMI 53

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....f 1968 and 33 and 35 of 1969. We would only advert to the facts in Income-tax Reference No. 11 of 1968, and it is not necessary to advert to the facts of the other cases. The Income-tax Appellate Tribunal (Delhi Bench " B ") has referred the following question of law for our determination : " Whether, on the facts and in the circumstances of the case, the penalty levied under section 271(1)(....

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....0, after a delay of 18 months. The assessee's explanation for delay was that the notice under section 22(2) was received by Radha Kishan. He was in indifferent health and did not comply with it. He also did not inform any other partner about it. Radha Kishan died on 9th October, 1959. It was long after his death that the other partners came to know about the notice under section 22(2). They compli....

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....sment was completed when the 1961 Act came into force on April 1, 1962. Therefore, the order of the Tribunal is clearly wrong, and the answer to the question referred must be answered in favour of the department. But there is one matter which the Tribunal has not determined, namely, whether the amount of Rs. 11,543 has been correctly worked out on the basis of 2% as provided under section 271(1....