Suhas Chandra Sen, J. - (1.) The following question of law has been referred to 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 of Rs. 8,433 each paid on December 30, 1970, and March 29, 1971, respectively, should be construed as 'sums paid in advance under Chapter XVII-C' within the meaning of the Explanation to Clause (i) of the said section ?"
(2.) The reference relates to the assessment year 1971-72.
(3.) The dispute is about the payment of advance tax and liability to pay penalty for failure of payment of advance tax. The Tribunal has found that the assessee had made payments of advance tax on December 30, 1970, and March 29, 1971.;