1996 (3) TMI 123

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....SINGHVI J.--This is a petition under section 256(2) of the Income-tax Act, 1961, filed by the Commissioner of Income-tax, Ludhiana, for directing the Income-tax Appellate Tribunal to refer the following question of law : " Whether, on the facts and in the circumstances of the case (even after having observed in para 2 that the assessee's stay application stood rejected on May 15, 1989), the Inc....

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....ion filed by the assessee cannot be accepted but at the same time, the Assessing Officer observed that the assessee may approach the Deputy Commissioner of Income-tax (Central), Amritsar, or the Commissioner of Income-tax (Central), Ludhiana. The assessee sent an application to the Deputy Commissioner of Income-tax, Amritsar, but no order was passed by him and the Assessing Officer proceeded to im....

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....he assessee did not pay the tax, he has to suffer penalty under section 221 of the Act and the appellate authority as well as the Tribunal have seriously erred in setting aside the penalty. While rejecting the petition filed by the Revenue under section 256, the Tribunal has considered the entire matter and held that no question of law arises for reference to the High Court. The Tribunal took the ....