Ajit K.Sengupta, J. - (1.) In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1981-82, the following question of law has been referred to this court : "Whether, on the facts and in the circumstances of the case and on a correct interpretation of the provisions laid down in Section 209A(1)(a) of the Income-tax Act, 1961, the Tribunal was correct in law in holding that it was not necessary for the assessee to furnish a statement of advance tax under Section 209A of the Act and, in that view, upholding the findings of the Commissioner of Income-tax (Appeals) that no interest under Section 217 of the Act was leviable in the case?"
(2.) The facts are that the Income-tax Officer charged interest under Section 217 of the Income-tax Act, 1961. This was done on the ground that the assessee had not sent the statement of advance tax referred to in Clause (a) of Sub-section (1) of Section 209A of the Act.
(3.) The assessee went in appeal before the Commissioner of Income-tax (Appeals). The Commissioner (Appeals) found that, in the relevant period of time, the last regular assessment made was for the assessment year 1977-78 at a "minus" figure and the last return filed was for the assessment year 1979-80 which was also at "minus" figure. He, therefore, concluded that the assessee was not required to submit the statement of advance tax referred to in Section 209A and, consequently, no interest under Section 217 was leviable.;