1991 (8) TMI 46

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....6(2) of the Income-tax Act, 1961, calling upon the Tribunal to state and refer the following question of law : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in cancelling the penalty order under section 271(1)(c) of the Income-tax Act, 1961 ? " In this case, the assessee is a doctor. The relevant assessment year is 1973-74. The ....

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....the entire facts of the case and the materials on the record, accepted the explanation of the assessee for the purpose of penalty proceedings and, keeping in view the various High Court decisions, cancelled the penalty order. While allowing the appeal, the Tribunal, inter alia, accepted the plea of the assessee that no penalty can be imposed on the basis of estimated additions as it cannot be s....

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....at the assessee has discharged the onus, it becomes a conclusion of fact. No question of law arises. In this case, the Tribunal has borne in mind the relevant principles of law and has also judged the facts on record. It is not a case that there was no evidence or there was such evidence on which no reasonable man could have accepted the explanation of the assessee. In that view of the matter, in ....