HALAPPA SONS D Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Bangalore Bench, has stated a case and referred under section 256(2) of the Income-tax Act, 1961, hereinafter called "the Act", the following question of law for the opinion of this court :

(2.) LEARNED counsel on both sides submit that the correct question of law should read thus :

(3.) THE Inspecting Assistant Commissioner, Dhawar, passed an order imposing penalty of Rs. 2,800. Against the said order, the assessee preferred an appeal before the Income-tax Appellate Tribunal, Madras Bench. Before the Appellate Tribunal, the same authorised representative, Sri Rasmaswamy, represented the assessee. THE Tribunal without considering the question whether or not there was concealment of income so as to attract penalty under section 271(1)(c) of the Act, substantially affirmed the order of the Inspecting Assistant Commissioner. This is what the Tribunal has stated in paragraph 3 of its order :