Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that numberwithstanding that the return of Income had been filed on February 6, 1961, i.e., within the period permissible under Section 139 4 of the Income tax Act, 1961, the imposition of a penalty was justified as there was a delay for the purpose of Section 271 l a of the Income tax Act, 1961 ?
911 of 1977, two questions were referred under Section 256 1 of the Income tax Act, 1961, for the opinion of the High Court.
Even though a period of two years elapsed, numberexplanation or representation was made by the assessee, whereupon the order of penalty was passed on December 23, 1968.
In Civil Appeal No.
Both the questions were answered by the High Court against the assessee and in favour of the Revenue.
There are two appeals before us.
