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Judgment
BY THE COURT :
This petition has been filed under s. 256(2) of the IT Act, 1961 (hereinafter referred to as Act) for issuance of a mandamus directing the Tribunal, Amritsar, to refer to the following question of law arising out of the order of Tribunal to this Court for its opinion :
"Whether, on the facts and in the circumstances of the case, the learned Tribunal is right in law in cancelling the penalty imposed at Rs. 60,830 under s. 271(1)(c) of the IT Act, 1961 ?"
Tribunal had declined to refer to the question of law relying upon the judgment of the Supreme Court of India as in Mithilesh Kumar and Another Vs. Prem Behari Khare, . The aforesaid judgment stands over ruled by a later decision of the Supreme Court in R. Rajagopal Reddy and Others (deceased by legal representatives) Vs. Padmini Chandrasekharan (deceased by legal representatives), .
A question of law does arise from the order of Tribunal, Accordingly, we direct the Tribunal to refer the question of law reproduced above to this Court along with the statement of the case for its opinion.