1991 (4) TMI 52

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....Under section 256(2) of the Income-tax Act, 1961, the Tribunal has stated the following question : "Whether, on the facts and circumstances of the case, the Incometax Appellate Tribunal was justified in knocking off the penalty solely on the ground that the income of the assessee had been made by estimate ?" The assessee is a private medical practitioner of Bijnor. The assessment year concer....

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....peal came before the Tribunal, the Tribunal was of the opinion "that, in the matter of estimate of an assessee's income, it will not be reasonable to penalise an assessee only on the technical ground that the provisions of the Explanation to section 271(1) are attracted." But this is not the only ground for allowing the appeal. Furthermore, it is stated in the very same paragraph that : "In ....