R.K.AGRAWAL,J. - (1.) THE Income -tax Appellate Tribunal, Allahabad Bench 'B', Allahabad, at the instance of the assessee has referred the following question of law under Section 256(1) of the Income -tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court: 1. Whether the Tribunal was legally justified in confirming the penalty under Section 271(1)(c) without taking into consideration the Explanation introduced with effect from 1 -4 -1976 and specially when the penalty order was passed after 1 -4 -1976?
(2.) THE reference relates to the assessment years 1975 -76, 1976 -77 and 1977 -78 in respect of the proceeding for imposition of penalty under Section 271(1)(c) of the Act. We may mention here that before the Tribunal the applicant in its application filed under Section 256(1), had sought for referring the following three questions of law for opinion to this Court: 1. Whether on the facts and circumstances of the case, the Tribunal is legally justified in confirming the penalty under Section 271(1)(c)? 2. Whether in view of the fact that the penalty order has been passed after 1 -4 -1976 and the Explanation being the rule of evidence, the amended Explanation introduced with effect from 1 -4 -1976 would apply and accordingly the Tribunal should have considered the Explanation introduced with effect from 1 -4 -1976? 3. Whether on the facts and circumstances, the view of the Tribunal that the assessee has deliberately concealed the income, is legally correct?
(3.) THE Tribunal had only referred the aforementioned question which is a modified form of question No. 2. The other two questions have not been referred.;