1980 (10) TMI 14

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.... this reference under s. 256(1) of the I.T. Act, 1961, hereinafter called " 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 circumstance of the case, the Tribunal was justified in holding that the IAC was not competent to enlarge the scope of the penalty proceedings by referr....

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....e, came to the conclusion that penalty could not be imposed on the charge of concealment or of furnishing inaccurate particulars of income, so far as the addition of Rs. 11,000 was concerned. The IAC, however, held that the assessee was guilty of concealment and of furnishing inaccurate particulars, and the IAC, accordingly, imposed upon the assessee a penalty of Rs. 19,500. Aggrieved by the order....

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....d that no penalty could be imposed against the assessee in the instant case. At the instance of the department, the Tribunal has referred the aforesaid question of law to this court for its opinion. Having heard learned counsel for the parties, we have come to the conclusion that the Tribunal was justified in holding that the IAC had no jurisdiction to enlarge the scope of the penalty proceedin....