2004 (10) TMI 40

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....s is a reference made under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee arising out of the order of the Tribunal, dated May 30, 1986, passed in I.T.A. No. 358/Ind/1983 to answer the following two questions of law said to arise out of the order of the Tribunal: "1. Whether the Tribunal has erred in law in ignoring the objection in regard to the maintainability of ....

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....dent) in an appeal filed by the Revenue, did not raise any specific objection in regard to tenability of the appeal on the ground of its being barred by limitation. In this view of the matter and in the light of what the statement of case records, we cannot answer question No. 1 in the assessee's favour. But, that apart and even otherwise, the question cannot otherwise be answered on the merits....

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....words, merely because the amended memo of appeal was filed after some time, when taken on record it relates back to the date of original filing of the appeal and is not taken to have been filed on the date of its filing. As observed supra, it is not a case where original filing itself was beyond limitation. Had it been so, then the position would have been different. Rule 12 of the Income-tax (App....

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....ure. In other words, in the opinion of the Assessing Officer, the assessee having used this entry for claiming benefit of deduction, has rendered himself liable for payment of penalty within the meaning of section 271(1)(c), Explanation 1 as it had its application to the case being a deemed income. The Tribunal upheld the penalty imposed by the Assessing Officer and held that a case under section ....