Commissioner of Income Tax vs Ess Ess Kay Engineering Co. Pvt. Ltd.

The Tribunal has come to the conclusion that the commission-paid to the sole selling agent was not wholly justified and yet it did not impose penalty on the assessee on the ground that there was no wilful concealment of income. Whether, in these circumstances, the concealment of income should be regarded as wilful or not prima facie raises a question of law. We accordingly allow this petition and direct the Tribunal to state the case after framing the question of law, after hearing the parties, for our decision. The parties through their counsel are directed to appear before the Tribunal on December 26, 1977. No costs.