1. - Heard learned counsel for the parties.

2. These appeals arise from a common order passed by the Tribunal by which 12 appeals, 6 by the assessee and 6 by the Revenue, were decided by a common order and the 12 appeals detailed above have arisen out of that common order relating to the different assessment years 1993-94, 1994-95 and 1995-96.

3. While admitting the appeals, the following questions have been framed as substantial questions of law inviting consideration in these appeals :

"1. Whether, on the fact and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the penalty proceedings and the order passed by the Joint Commissioner of Income-tax under section 271D are vitiated being time-barred by virtue of the provisions of section 275(1)(c) of the Act held to be applicable whereas the case of the assessee is covered under section 275(1)(a) of the Act since the penalty proceedings pertained to the assessment order under appeal and section 275(1)(c) was not applicable to it ?

2. Whether, on the facts and in the circumstances of the case the notice issued for initiating penalty proceedings and the penalty order passed pursuant ther