2001 (9) TMI 41

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....made at the instance of the Revenue under section 256(1) of the Income-tax Act, 1961, to answer the following question of law, namely: "Whether, on the facts and in the circumstances of the case, the learned Members of the Income-tax Appellate Tribunal were legally justified in confirming the order passed by the Commissioner of Income-tax (Appeals) that when the additions on the basis of which ....

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....he quantum appeal itself was deleted, there was no case for penalty under section 271(1)(c) of the Income-tax Act. The Department preferred an appeal before the Tribunal against the said order. The Tribunal upheld the order of the Commissioner of Income-tax (Appeals). It is agreed by both learned counsel for the parties that the question sought to be referred in this reference application ha....