1981 (4) TMI 90

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.... Bench of the Income-tax Appellate Tribunal to state a case and refer the following two questions for the opinion of the court : "(i) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in deleting the penalty levied under section 271(1)(a) of the Income-tax Act ? (ii) Whether, on the facts and in the circumstances of the case, the explanation of the a....

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....nd imposed a penalty. The AAC reduced the penalty, but the Tribunal vacated the imposition by relying upon the decision of this court in the case of CIT v. Baijnath Chopolia [1976] 102 ITR 551, and decisions of some other courts. Undoubtedly, there has been delay in the matter of making the return. Sub-s. (1)(a) of s. 271 of the Act authorises the imposition of a penalty where there is a delay ....