TMI Blog1989 (3) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... this court under section 256(1) of the Income-tax Act, 1961 ("the Act"), at the instance of the Revenue : "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that in computing the penalty leviable under section 271(1)(a) of the Income-tax Act, 1961, the two sums o Rs. 8,433 each paid on December 30, 1970, and March 29, 1971, respectively, should be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-10-1970 6,233 30-12-1970 8,433 29-03-1971 8,433 The payments made on March 31, 1970, and October 20, 1970, were before the expiry of the date of the last instalment. Only those payments could be treated as payments of advance tax. The Tribunal ultimately held : "We are unable to accept that the amounts paid by the assessee on December 30, 1970, and March 29, 1971, were not payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent made after the last of these dates will cease to be payment of advance tax. This section, as pointed out by Shri Singh, says that the advance tax shall be payable on the dates mentioned in the section. The argument adopted by the Department, if accepted, may even mean that payments made before those dates (and not on these dates) will not be payments of advance tax. The argument is plainly ill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 271(1)(a). It has not been shown how the Tribunal has committed any error of law in coming to its decision. In our view, the Tribunal has reached a correct conclusion in the matter. The question is, therefore, answered in the affirmative and in favour of the assessee. There will be no order as to costs. BHAGABATI PRASAD BANERJEE J. --I agree. Income-tax Reference No. 406 of 1979 : This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is erroneous. The following question of law has been referred to us by the Tribunal : "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that in computing the penalty leviable under section 273(a) of the Income-tax Act, 1961, the two sums of Rs. 8,433 each paid on December 30, 1970, and March 29, 1971, respectively, should be construed as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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