TMI Blog1998 (1) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... es under section 256(1) of the Income-tax Act, 1961, made at the instance of the Revenue and arising out of the assessment years 1967-68, 1968-69 and 1969-70, a common question of law is referred by the Tribunal for the opinion of the High Court : "Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in holding that the Income-tax Officer's orders charging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for delay or default in furnishing the return of income in all cases was chargeable from the expiry of the due date for furnishing such returns voluntarily under section 139(1) of the Act. It was, therefore, urged that returns having been filed on February 12, 1972, for 1967-68, on February 17, 1972, for the assessment years 1968-69 and 1969-70 the levy of interest under section 139 by the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has sought for the present three references. In Ashok Kumar v. CIT [1998] 231 ITR 140 (Delhi) (ITR No. 190 of 1982) decided on January 7, 1998, following the law laid down by the Supreme Court in Associated Stone Industries (Kotah) Ltd. v. CIT [1997] 224 ITR 560 and Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961, we have held that there is a distinction between two types of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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