HEGDE,J. - (1.) THIS is a reference under S. 256(1) of the IT Act, 1961, Two questions referenced for the decision in this Court are : (1) Whether, on the facts and circumstances of the case, the initiation and imposition of penalties under S. 273(a) of the 1961 Act for the offence committed by the assessee under S. 18A(2) r/w s. 18A(9) of the 1922 Act, is respect of the assessment years 1960-61 and 1961-62 are valid ? (2) Whether, on the facts and circumstances of the case, the initiation and imposition of a penalty under S. 271(1)(a) of the 1961 Act in respect of the asst. yr. 1961-62 for the assessee's failure to file a return within the time specified in response to a notice under S. 22(2) of the 1922 Act are valid ?
(2.) THE material facts as found by the Tribunal are set out in the statement of the case. They read thus : "2. The three appeals before the Tribunal related to the Income-tax assessments of M/s W.H. Harton and Co. Ltd. Calcutta (hereinafter referred to as "the assessee") for the asst. yrs. 1960-61 and 1961-62 (the previous years being the calender years 1959 and 1960) arose in the following circumstances. 3(a). On 12th May, 1959, the ITO served on the assessee a notice under S. 18-A(1) of the IT Act, 1922 (hereinafter referred to as "the 1922 Act") to pay during the financial year 1959-60 and on the dates specified, a sum of Rs. 1,60,174 by way of advance tax in relation to the asst. yr. 1960- 61. On 16th June, 1959, the assessee filed an estimate under S. 18A(2) showing an estimated income of Rs. 1 lakh. On 16th March, 1960, the assessee filed a revised estimate showing an income of Rs. 1,80,000 on which advance tax was payable and paid a tax of Rs. 81,000. Thereafter, the regular return under S. 22 for the asst. yr. 1960-61 was filed on 20th Feb., 1961 declaring a total income of Rs. 2,20,352. (b) For the asst. yr. 1961-62, there was a like notice under S. 18A(1) demanding an advance tax of Rs. 1,60,174. On 15th June, 1960 assessee filed an estimate showing nil income and paid no advance tax. A revised estimate was filed on 21st March, 1961 showing an income of Rs. 80,000 but this was much beyond the date within which the assessee could file such a revised estimate under S. 18A(2). (c) For the asst. yr. 1961-62, a notice under S. 22(2) of the 1922 Act was served on the assessee on 25th May, 1961, calling for a return of income by 30th June, 1961. The return, however, was actually field only on 2nd Dec., 1961. 4. On 13th June, 1961, IT Act, 1961 (Act XLIII of 1961) (hereinafter referred to as the 1961 Act) received the assent of the President. Under S. 1(3), this Act came into force, say as otherwise provided therein, on the 1st April, 1962. By S. 297(1) of the Act, the 1922 Act was repealed, subject to the saving contained in sub-s. (2) of that section." Both the questions referred for the decision of this Court are now covered by the decisions of this Court. So far as the first question is concerned, it is covered by the decision of this Court in CTO, Delhi (Central) vs. Singh Engineering Works (P) Ltd. 78 ITR 90. So far as the second question is concerned, it is covered by the decision of this Court in Jain Brothers & Ors. vs. Union of India 71 ITR 107.
(3.) IN view of these decisions, we answer both these questions in favour of the Department, The respondent is ex-parte and on our request Mr. S. Mitra was good enough to assist us in the case. We are thankful to him for the assistance he gave to us.;