ORDER This is an income-tax reference under section 256(1) of the Income Tax Act, 1961. In which the following questions have been referred to us for our opinion :
"1. Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in holding that the penalty under section 271(1)(c) passed by the Inspecting Assistant Commissioner of Income Tax on 13-5-1980 was invalid and hence not sustainable in law ?
2. Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in law in cancelling the penalty imposed by the Inspecting Assistant Commissioner under section 271(1)(c), Income Tax Act ?"
2. The assessee is a Hindu undivided family and the relevant assessment year is 1972-73. The present dispute relates to penalty, which has been imposed on the assessee. The Inspecting Assistant Commissioner imposed penalty but his order was set aside by the Tribunal on the strength of judgments of this court in CIT v. Om Sons (1979) 116 ITR 215 and CIT v. Ram Lal Vohra (1981) 129 ITR 473. The judgment of this court in Om Sons case (supra) has been reversed by the Supreme Court in CIT v. Dhadi Sahu (1993) 199 ITR 610. Hence the impugned order of Tribunal cannot be sustained and it is set aside. The matter is remanded back to the Tribunal to record a finding of fact as to whether there was concealment by the assessee and whether the requirement of section 271(1)(c) of the Income Tax Act has been compelled. The reference is disposed of accordingly.
2. The assessee is a Hindu undivided family and the relevant assessment year is 1972-73. The present dispute relates to penalty, which has been imposed on the assessee. The Inspecting Assistant Commissioner imposed penalty but his order was set aside by the Tribunal on the strength of judgments of this court in CIT v. Om Sons (1979) 116 ITR 215 and CIT v. Ram Lal Vohra (1981) 129 ITR 473. The judgment of this court in Om Sons case (supra) has been reversed by the Supreme Court in CIT v. Dhadi Sahu (1993) 199 ITR 610. Hence the impugned order of Tribunal cannot be sustained and it is set aside. The matter is remanded back to the Tribunal to record a finding of fact as to whether there was concealment by the assessee and whether the requirement of section 271(1)(c) of the Income Tax Act has been compelled. The reference is disposed of accordingly.