1979 (7) TMI 72

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pplication under s. 256(2) of the I.T. Act, 1961 (hereinafter referred to as the Act), because the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, refused to state the case under s. 256(1) of the Act, on the ground that no question of law arises out of the order dated 5th April, 1973. The Income-tax Appellate Tribunal dismissed the application with the following observations : " Now....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Rs. 8,550 was incorrect and that the same in fact amounted to Rs. 2,000. The Tribunal, therefore, reduced the penalty from Rs. 8,550 to Rs. 5,500. The assessee does not seek reference on either of these findings as given by the Tribunal. The question of law which the assessee required the Tribunal to refer to this High Court is whether no penalty was leviable under section 271(1)(c) when its fina....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as dismissed by the Tribunal, vide its order dated 1st June, 1973. According to him, in that rectification application he raised many points of law which he wanted the Tribunal to refer under s. 256(1) of the Act to this court. This contention of the learned counsel is wholly misconceived, as a question of law arising out of the order dated 5th April, 1973, only can be sought to be referred to thi....