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TMI Blog1971 (5) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 256(2) of the Income-tax Act, 1961. The assessee filed an appeal before the Income-tax Appellate Tribunal in a case relating to the assessment year 1961-62. The appeal was dismissed for default by the Appellate Tribunal on April 13, 1966. The assessee applied under section 256(1) of the Income-tax Act, 1961, for reference of certain questions of law to this court. The Appellate Tribunal by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the provisions of the Indian Income-tax Act, 1922. Whether the proceeding will lie under the Act of 1922 or the Act of 1961 has to be determined by reference to clauses (a) and (b) of sub-section (2) of section 297 of the Act of 1961. If the return of income was filed before April 1, 1962, on which date the Act of 1961 was brought into force, the proceeding will lie under the Act of 1922. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion provides that if the reference application made under sub-section (1) of section 66 is rejected by the Appellate Tribunal on the ground that it is barred by time, then upon application made by the assessee the High Court, if it is not satisfied with the correctness of the Appellate Tribunal's decision, can require the Appellate Tribunal to treat the application as made within time. It was admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence application as made within time. Moreover, the High Court has no power under sub-section (3) of section 66 to condone the delay. Therefore, even if the present application be treated as made under sub-section (3) of section 66 it cannot be sustained. In any view of the matter, whether the present application is considered as an application under sub-section (2) or (3) of section 66 or unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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