COMMISSIONER OF INCOME TAX Vs. SHIV DAS SIRE MAL

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue to answer the following question of law, namely :

(2.) THE relevant assessment year is 1972-73. THE Income-tax Officer imposed penalty under Section 271(1)(c) of the Act on the assessee for concealment of particulars of income. On appeal, the Appellate Assistant Commissioner set aside the penalty and remanded the matter to the Income-tax Officer for a fresh decision after giving the assessee an opportunity of being heard. THE Income-tax Officer passed a fresh order after hearing the assessee and again imposed penalty. THE assessee appealed to the Appellate Assistant Commissioner and contended that the Income-tax Officer's fresh order imposing the penalty was time-barred. THE Appellate Assistant Commissioner held that the Income-tax Officer's order imposing penalty passed on March 30, 1979, was beyond time since it was passed after the period of limitation prescribed by Section 275 of the Act. THE Revenue preferred an appeal to the Tribunal which has been rejected. THE Tribunal has held that the order dated March 31, 1978, passed by the Appellate Assistant Commissioner remanding the matter to the Income-tax Officer was not within the scope of Section 251(1)(b) of the Act. However, even otherwise, the Tribunal has held that the fresh order dated March 30, 1979, imposing penalty after remand was also time-barred. Hence, this reference at the instance of the Revenue.