Law:

Section:

Section 256(2), read with section 271(1)(c), of the Income-tax Act, 1961 - Reference - Question of fact - Assessment years 1973-74 and 1974-75 - AAC set aside penalty imposed by ITO under section 271(1)(c) on ground that IAC alone had jurisdiction to impose penalty and not ITO - Tribunal though held that ITO had jurisdiction to impose penalty, came to conclusion that there was no justification for imposition of penalty - Thereafter Tribunal rejected revenue's miscellaneous application and an application for making reference under section 256(1) - Whether, any question of law arose from Tribunal's order rejecting miscellaneous application of revenue - Held, no FACTS For the assessment years 1973-74 and 1974-75 the ITO imposed penalties under section 271(1)(c) on the assessee. On appeal, the AAC held that the penalty order passed by the ITO was without jurisdiction on the ground that the IAC alone had jurisdiction to impose penalty. On further appeal by the revenue, the Tribunal by its order dated 29-2-1984 though held that the order passed by the ITO could not be said to be without jurisdiction, but came to the conclusion that there was no justification for imposition of penalty. No reference application was filed under section 256(1) against that order and, thus, it became final. Later on, the revenue, on 24-6-1985 filed miscellaneous application for rectification of the order of the Tribunal dated 29-2-1984. The Tribunal held that no case for rectification was made out and different paragraphs of the Tribunal's were not contradictory with each other as contended for by the revenue. The Tribunal further rejected the revenue's application for reference under section 256(1). On an application for reference under section 256(2): HELD Having regard to the facts and circumstances of the present case, no referable question arose in the instant case. The Tribunal was justified in its reasoning and the conclusion contained in its order dismissing the application of the revenue for rectification of the order of the Tribunal required no interference. Accordingly, reference application was rejected. G.S. Jetly, K.C. Sidhwa and Mrs. Manjula Singh for the Applicant.…

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