TMI Blog2018 (2) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... emental Statement of Case on or before 20 February 2018, the Registrar of the Income Tax Appellate Tribunal shall remain present in Court at 3.00 p.m. on 21 February 2018. - Income Tax Reference No. 279 of 1999 - - - Dated:- 7-2-2018 - M. S. Sanklecha And Riyaz I. Chagla, JJ. Ms. Vasanti Patel, for the Appellant Ms. Namita Shirke, i/b Mr. Charanjeet Chanderpal, for the Respondent ORDER 1. On 24 February 2017, we passed the following order: By this Reference under Section 18 of the Companies (Profits) Surtax Act, 1964 (Surtax Act ) read with Section 256(1) of the Income Tax Act, 1961 (the Act), the Income Tax Appellate Tribunal (the Tribunal) has referred the following question of law, for our opinion : Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act is the amounts determined as Income under the Act. It is on determination of the Surtax payable with reference to the income that the shortfall on payment of advance Surtax is determined for working out interest thereon under Section 7C of the Surtax Act. The order of the Tribunal in the Surtax proceedings is dated 10th January, 1990, does not advert to order dated 8th March, 1989 of the Tribunal in quantum (income tax) proceedings under Section 254(1) of the Act. The entire basis of the Applicant's case before us is that out of four additions made on four heads to the Applicant's income in the quantum (Income tax) proceedings which led to a shortfall of advance payments of Surtax, two of the items i.e. addition on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all relevant facts necessary to answer the question referred. The Tribunal was directed to forward the supplemental statement to this court as expeditiously as possible, preferably within eight weeks from the date of the order. 2 The said supplemental statement is not yet received by this court. 3 The Counsel for the assessee submits that the draft statement has been prepared. The Tribunal shall comply the order dated 24th February 2017 by the next date. Stand over to 29th June, 2017. 3. As the Tribunal had not complied with the order dated 15 June 2017, following order was passed on 29 June 2017: 1. Under order dated 24th February, 2017, supplemental statement was directed to be submitted by the Tribunal. The Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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