Gulati, J.:— This a reference under s. 256(1) of the I.T Act. The assessee is a HUF. It filed returns of income for the assessment years 1961–62 and 1962–63 and assessment for the year 1961–62 was completed on 28th March, 1962, and assessment for the year 1962–63 was completed on 28th November, 1963. Thereafter, the assessments were reopened under s. 148 read with s. 147(a) on the ground that a part of the assessee's income had escaped assessment. In response to the notices under s. 148 returns were filed on February 27, 1969, for both the years with the remarks “income as originally filed”. The ITO completed the revised assessments and enhanced the income in respect of both the assessment years. Thereafter, he initiated proceedings for the levy of penalty under s. 271(1)(c) of the Act.
2. With effect from April 1, 1968, the quantum of penalties was increased by amendment ins. 271(1)(c)(iii). The penalties were imposed with reference to the amended provision.
3. The contention of the assessee is that as the original returns were filed long before the amendment came into effect penalties could not be imposed with reference to the amended provisions. The Tribunal has accepted his contention. At the instance of the department, the following question has been referred to us:
“Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the amended provisions of s. 271(1)(c)(iii) were not applicable and that the penalties have to be levied with reference to the provisions which were in force on April 1, 1961, and April 1, 1962, notwithstanding the fact that the returns of income were filed after April 1, 1968.”
4. In Commissioner Of Income-Tax, Lucknow v. Ram Achal Ram Sewak., [1977] 106 ITR 144 (All), this court has held that the question whether the amended provisions of s. 271(1)(c)(iii) will apply to a case or not will depend on the date when the original returns were filed and not the date when the revised returns were filed, in response to the notice under s. 148. In the instant case, the original returns were filed long before the amendment came into force. As such the amended provisions were not applicable. We, accordingly, answer the question by saying that the amended provisions of s. 271(1)(c)(iii) were not applicable in the instant case. As the answer is in favour of the assessee, he is entitled to his costs which we assess at Rs. 200.