JUDGMENT BY THE COURT :
This is a bunch of twelve applications under s. 256(2) of IT Act filed at the instance of the Revenue in respect of asst. yrs. 1977-78 to 1981-82. The following common questions have been proposed in these applications :
"1. Whether Honble Tribunal was correct in law in confirming the cancellation of penalties under s. 271(1)(c)/271(1)(a) and 273(2)(c) of the IT Act for asst. yrs. 1977-78 to 1981-82 by the CIT(A), Agra, ignoring the material facts that the assessee firm itself had admitted the concealment of income and also that the assessee firm itself had agreed for imposition of minimum penalties under s. 271(1)(c) of IT Act ?
2. Whether the Honble Tribunal was correct in law in confirming the cancellation of the said penalties by CIT(A), Agra, summarily and without giving cognizance to the overwhelming material placed on record and case law including decisions of Honble High Court of Allahabad relied upon by the Assessing Officer in the penalty orders ?
3. Whether the Honble Tribunal was correct in law in placing reliance on order dt. 19th Sept., 1990 of Tribunal, Bench B, New Delhi, which itself has not been accepted by the Department as important questions of law arise out of the said Tribunals order against which reference under s. 256(1) of the IT Act, 1961 has already been filed ?" The prayer contained in these applications is that the Tribunal may be directed to refer the aforesaid questions in respect of the years in questions of law arising out of the common order passed by the Tribunal.
2. The respondent assessee was subjected to penalties under the various provisions of the IT Act which were deleted on the sole consideration that the assessment orders on the quantum side were not sustained and had been set aside on appeal by the Tribunal. The orders imposing penalties, therefore, cannot survive. It may be observed that on the quantum side the Tribunal itself has made a common reference to this Court in respect of the years in question under s. 256(1) of the IT Act which is still pending decision. We are of the opinion that the order of the Tribunal deleting the penalties do give rise to the questions set out above which are questions of law. We direct the Tribunal to draw up a statement of the case and refer the aforesaid questions for opinion of this Court.
In the result, all the applications are allowed with costs which we assess at a consolidated sum of Rs. 500.