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Section 256(2) of the Income-tax Act, 1961 - Reference - Question of fact - Tribunal deleted penalty imposed under section 271(1)(a) on the ground that delay is dub to absence of particulars of share income from firms in which assessees was partner thereby constituting a reasonable cause - Whether any question of law arose - Held, no FACTS For the assessment year 1971-72, the assessee belatedly filed his return of income and attributed the delay to the absence of particulars of share income from firms in which he was partner. The ITO however, imposed penalty under section 271(1)(a), which was eventually deleted by the Tribunal. On reference: HELD Section 271(1)(a) authorises imposition of penalty where there is delay without reasonable cause in furnishing the return. On an overall assessment of the facts, the Tribunal concluded that there was a reasonable cause for the delay. This finding of the Tribunal was a finding of fact and no question of law arose for reference. CASE REVIEW CIT v. Baijnath Chopolia [1976] 102 ITR 551 (Orissa) followed and relied upon. CASES REFERRED TO CIT v. Baijnath Chopolia [1976] 102 ITR 551 (Orissa). JUDGMENT This is an application under section 256(2) of the Income-tax Act of 1961, for a direction to the Cuttack Bench of the Income-tax Appellate Tribunal to state a case and refer the following two questions for the opinion of the court : "(i) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in deleting the penalty levied under section 271(1)(a) of the income-tax Act ? (ii) Whether, on the facts and in the circumstances of the case, the explanation of the assessee could constitute a reasonable cause for the delayed submission of return ?" Assessee is an individual. The relevant assessment year is 1971-72. The return under section 139 of the Act was due by 30th June, 1971, but…

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