1985 (6) TMI 4

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....urt under section 256(2) of the Income-tax Act, 1961, to state the case and refer for the decision of this court, the following question of law, namely : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in setting aside the Inspecting Assistant Commissioner's order regarding penalty under section 271(1)(c) and remanding the case to him? " ....

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.... sufficient to accept the case of either the Revenue or of the assessee. Accordingly, it set aside the order of the Inspecting Assistant Commissioner imposing the penalty and directed the Inspecting Assistant Commissioner to decide the matter afresh after giving a reasonable opportunity to the assessee to produce all the materials on which it relied. Aggrieved by the order of remand made by the....

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.... Revenue that the burden shifts to the assessee. In view of the Tribunal's finding in the present case that the material present was not sufficient to hold that the initial burden on the Revenue was discharged, the burden had not shifted to the assessee. For this reason alone, the Inspecting Assistant Commissioner's order imposing the penalty accepting the case of the Revenue was rightly set aside....