SEN ,J. - (1.) THE Tribunal has referred two questions of law to this Court under S. 256(1) of the IT Act, 1961 ('the Act') "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the CIT (A), was justified in entertaining an appeal against the levy of interest under s. 217 (1A) of the IT Act. 2. Without prejudice to the answer to question No.2. above whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that illegality, if any, in the notice of demand for payment of advance tax under S. 210 of the IT Act would make such notice invalid and altogether void.
(2.) THE assessment year involved in this case is the asst. yr. 1975-76, for which the relevant period of account is the year 2031 R.N. The first question has already been concluded by the judgment of the Bombay High Court in the case of Hukumchand Mills Ltd. vs. CIT (1986) 58 CTR (SC) 112 : (1986) 160 ITR 961. Following the principles laid down in that case, question No. 1 is answered in the affirmative and in favour of the assessee.
(3.) ON question No. 2 the finding of the Tribunal is as follows. "Such advance tax is to be determined in accordance with provisions of ss. 207 208 and 209. Secs. 207 and 208 deal with the procedure of payment, etc. So far as the determination of advance tax is concerned, it is contained in S. 209 and subject to the provisions of sub-ss. (2) and (3), is to be computed on his total income of the latest previous year in respect of which he has been assessed by way of regular assessment. ;