A.N. Grover, J. - (1.) In proceedings for levy of penalty under the Income Tax Act, 1922, which were carried in appeal to the Income-tax Appellate Tribunal, Calcutta Bench, the Tribunal was moved under Section 66(1) of the Income Tax Act, 1922, for referring the following question to the High Court at Calcutta : Whether, on the facts and circumstances of the case, penalty could be levied on the assessee under Section 28(1)(c) of the Income Tax Act, 1922, for concealment of the fixed deposit of Rs. 5,00,000 in the name of R. P. Agarwal
(2.) The Tribunal was of the view that the question was not capable of reference to the High Court and one of the reasons set out by the Tribunal was that the question assumed that there was concealment of the fixed deposit of Rs. 5,00,000 in the name of R.P. Agarwal by the assessee.
(3.) Aggrieved by the order passed by the Tribunal a petition was moved under Section 66(2) of the Income Tax Act, 1922, by the Commissioner of Income-tax before the High Court at Calcutta. The High Court issued a rule and after hearing counsel dismissed the petition without recording any reasons.;