1984 (5) TMI 20

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....f the Tribunal and the order refusing an application under s. 256(1) of the I.T. Act. The question proposed by the Department was as follows : " Whether, on the facts and in the circumstances of the, Income-tax Appellate Tribunal was correct in law : (i) in holding that penalty under section 27 l(1)(c) of the Income-tax Act was not exigible, and (ii) in cancelling the penalty of Rs. 4,400....

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....r in full but, on appeal, the AAC allowed a partial deduction and at the same time took action for concealment of income under s. 271(1)(c) and imposed a penalty. On appeal, the Tribunal struck down the penalty. On these facts, no question of law arises, because the only case arising from the facts was that the assessee claimed deduction, which was wholly disallowed and then partly allowed. The....