JUDGMENT This is reference under section 256(2) of the Income Tax Act in which the following question has been referred to us for our opinion "Whether on the facts and in the circumstances of the case the Tribunal was legally correct in its opinion that looking to the totality of the circumstances it could not be said that the assessee acted in conscious disregard of the statutory obligations its conduct was in any way dishonest or contumacious?"
2. In the Tribunals appellate order a finding of fact has been recorded that it cannot be said that the assessee acted in conscious disregard of the statutory obligations or that its conduct was in any way dishonest or contumacious.
2. In the Tribunals appellate order a finding of fact has been recorded that it cannot be said that the assessee acted in conscious disregard of the statutory obligations or that its conduct was in any way dishonest or contumacious.
3. This is a finding of fact and we cannot interfere with it in this reference. The question referred to us is therefore decided in affirmative i.e., in favour of the assessee and against the department.
3. This is a finding of fact and we cannot interfere with it in this reference. The question referred to us is therefore decided in affirmative i.e., in favour of the assessee and against the department.