1980 (8) TMI 48

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....by SOHANI J.--By 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 circumstances of the case, the rejection of the assessee's explanation showing reasonable cause was sufficient for the imposition of pena....

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....e Tribunal, the Tribunal came to the conclusion that it was for the assessee to show reasonable cause and the element of mens rea was not required to be taken into consideration while imposing penalty under s. 273(c) of the Act. The Tribunal, therefore, held that the penal provisions were attracted to the case of the assessee. At the instance of the assessee, the Tribunal has referred the aforesai....