Law:

Section:

Section 254, read with section 271(1)(c), of the Income-tax Act, 1961 - Appellate Tribunal - Powers of - ITO levied penalty on assessee-firm under section 271(1)(c) - On appeal, AAC confirmed ITO's order - In the meantime, prosecution was started against partners of assessee in criminal court for said concealment of income, wherein they were ultimately acquitted on 20-8-1979 - At that time appeal was pending before Tribunal - On same day assessee informed Tribunal of its acquittal from criminal court and requested it to give some time for producing a copy of said before it - Tribunal, however, did not grant any time and delivered its on 23-8-1979 confirming AAC's order - Whether when Tribunal had not relied upon of Magistrate in criminal proceedings, was it necessary to adjourn matter or postpone delivery of to enable assessee to produce of criminal appellate court acquitting its partners - Held, no Facts For the assessment year 1970-71, the assessee-firm filed a return showing certain income. The ITO made few additions to the Income disbelieving certain entries in the account books maintained by the assessee. He also initiated proceedings under section 271(1)(c) and levied a penalty. On appeal, the AAC by its order dated 28-3-1978 dismissed the appeal. The assessee preferred an appeal before the Tribunal. In the meantime, the partners of the assessee were also prosecuted in a criminal court for the said concealment of income and for filing a false return. They were convicted by the trial court and sentenced to imprisonment for six months on 31-3-1979. On appeal, the Metropolitan Additional Sessions Judge by his and order dated 20-8-1979 acquitted them. When the Sessions Judge's Order was pronounced, the appeal was still pending before the Tribunal for its order. The assessee filed an application before the Tribunal informing the said fact and requesting for some time to enable it to produce a copy of the said before the Tribunal. The Tribunal, however, passed no orders nor did it grant any time for producing the . It proceeded to deliver its on 23-8-1979. The assessee filed a petition for review contending that the of the Tribunal may be set aside and the…

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