1984 (1) TMI 7

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....rence under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as " the Act "), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion: " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the order of the Inspecting Assistant Commissioner of Income-tax imposing a ....

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....ed before the Tribunal that when the Inspecting Assistant Commissioner passed the order imposing penalty, the Inspecting Assistant Commissioner had no jurisdiction to impose penalty, in view of the fact that sub-section (2) of section 274 of the Act, in pursuance of which the Income-tax Officer was required to refer the matter for imposition of penalty to the Inspecting Assistant Commissioner, was....

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....er, a supplementary statement of the case has been received and it has been found by the Tribunal that the Income-tax Officer had referred the matter regarding imposition of penalty to the Inspecting Assistant Commissioner on January 4, 1978. It is in the light of this additional fact that we have to answer the question referred to this court : By the Taxation Laws (Amendment) Act, 1975, which ....