K. L. BATRA VS COMMISSIONER OF INCOME-TAX, 2000 PTD-PUNJAB-AND-HARYANA-HIGH-COURT-INDIA 2445 (1997)

Income-tax---

----Reference---Penalty---Concealment of income ---Assessee whether liable to pay penalty---Question of law---Indian Income Tax Act, 1961, Ss.256 & 271(1)(c).

Held, that the question whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessee was liable to penalty under section 271(I)(c) of the Income Tax Act, 1961, for the assessment year 1985-86 had to be referred.

A. K. Mittal for the Assessee.

B. S. Gupta, Senior Advocate with Sanjay Barisal for the Commissioner.

JUDGMENT

ASHOK BHAN, J.---This petition has been filed by the assessee under section 256(2) of the Income Tax Act, 1961, seeking a mandamus directing the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as' "the Tribunal"), to draw up a statement of the case and refer the following question of law, arising from the order of the Tribunal, dated June 15, 1992, to this Court for its opinion:

"Whether, on the facts and circumstances of the case, the Income tax Appellate Tribunal was right in law in having determined the concealed income of the assessee at Rs.70,000 for the assessment year 1985-86 and in having held that the assessee was liable to penalty under section 271(1)(c) of the Income-tax Act on this amount?"

After hearing counsel for the parties and on perusal of the order of the Tribunal, we are of the opinion that the following refrained question of law, does arise from the order of the Tribunal:

"Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the assessee was liable to penalty under section 271(1)(c) of the Income Tax Act, 1961, for the assessment year 1985-86?"

Accordingly, we direct the Tribunal to draw up the statement of the case and refer the aforesaid question of law to this Court for its opinion.

M.B.A/4124/FC Order accordingly.