Judgment Jawahar Lal Gupta, J. 1. The Income-tax Appellate Tribunal has referred the following question for the opinion of this court : "Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in cancelling the penalty of Rs. 29,663 imposed under Section 271(1)(c) of the Income-tax Act, 1961 ?" 2. The dispute relates to the assessment year 1978-79. The assessee had filed its return showing an income of Rs. 73,120. The assessment was finalized under Section 143(1) of the Income-tax Act, 1961, on December 15, 1979. The assessee filed a revised return with his letter dated June 21, 1980. The assessing authority initiated proceedings for imposition of penalty under Section 271(1)(c) of the Act. Vide order dated March 26, 1983, a penalty of Rs. 29,663 was imposed. The assessees appeal was dismissed by the Commissioner of Income-tax (Appeals), Chandigarh. The assessee approached the Tribunal. Its claim was accepted. It was found that the findings recorded by the Assessing Officer and the Commissioner were without "any material to support these assertions . . . ". It was further observed that the assessee had volunteered information after the assessment was complete. Thus, "no motive, much less, any malicious conduct is attributable to the assessee". On this basis, the Tribunal held that there was no concealment so as to warrant any penalty. Nothing has been pointed out by counsel for the Revenue to show that the finding of fact recorded by the Tribunal is erroneous or contrary to any evidence on the file. In this situation, we have no alternative but to answer the question against the Revenue. Since no one has put in appearance on behalf of the assessee, we make no order as to costs.