2004 (8) TMI 17

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....n appeal filed by the Revenue (Income-tax Department) under section 260A of the Income-tax Act, 1961, against an order, dated March 3, 1999, passed by the Income-tax Appellate Tribunal in I.T. (SS) A. No. 455/Ind of 1995. In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out under sectio....

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....ties, i.e., the Commissioner of Income-tax (Appeals) and the Tribunal, no case whatsoever is made out to invoke the provisions of section 271(1)(c) and hence, the order of penalty passed by the Assessing Officer was not sustainable. We concur with these findings and uphold it as in our opinion, it does not call for any interference in our second appellate jurisdiction conferred upon us under secti....