( 1 ) HAVING heard, counsel for the parties, we are of the opinion that the following question of law arises out of the appellate order of the Tribunal: "whether the Tribunals order cancelling the penalty levied on the asses-see under Section 271 (1) (c) was vitiated on account of the Tribunals failure to fully consider and appreciate the relevant facts ?" ( 2 ) WE accordingly direct the Income-tax Appellate Tribunal, Delhi Bench, Delhi, to draw up a statement of the case and refer the aforesaid question of law to this court for its opinion. There shall be no order as to costs. .