Commissioner of Income Tax vs Rajkumar Sancheti

N.N. Mathur, J.—This is a reference application u/s 256(2) of the Income Tax Act, 1961, for directing the Income Tax Appellate Tribunal, Jaipur, to refer the question of law framed in the reference application arising out of the order of the Tribunal dated August 13, 1997, in I. T. A. No. 1873/JP of 1991. It is submitted by both learned counsel that the question of law involved in the instant reference application has been asked to be referred by the order of this court dated March 14, 2000, in D. B. Income Tax Reference No. 69 of 1999- Commissioner of Income Tax Vs. Laxmi Chand,

Accordingly, we allow this reference application and direct the Tribunal to submit the statement of case and to refer the following questions of law for the opinion of this court :

"1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is legally justified in finding that the case of the assessee is covered under the amnesty scheme and that no penalty is leviable in the assessee''s case u/s 271(1)(c) of the Income Tax Act ?

Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is legally justified in finding that the case of the asses-see is covered by questions Nos. 7 and 19 of Circular No. 431 and answers to such questions ?"