COMMISSIONER OF INCOME TAX A P AND THE ADDITIONAL COMMISSIONER INCOME TAX A P Vs. M J DAVEDA AND D KRISHNAMURTHY

JUDGEMENT

(1.) These appeals have arisen against similar orders of the High Court of Andhra Pradesh failing to be persuaded, Income-tax Appellate Tribunal before hand, to refer the following three questions of law to the High Court said to arise from the appellate orders of the Income tax Appellate Tribunal, Hyderabad. Those questions are taken and reproduced below from one case and in the others they are substantially same.,

(2.) Learned counsel for the parties are agreed that answer to question No. 1 would be against the Revenue and in favour of the respondent assessee on the ratio of Commr. of Income-tax, A.P. v. M. Chandra Sekhar, (1985) 151 ITR 433 : (AIR 1985 SC 114) and thus would not be required to be referred. If this is so, as it has to be, the attempt to have question No. 3 alone referred in isolation of the answer to question No. 1 is a meaningless exercise because if the Income-tax Officer must be deemed to have granted time up to the date of filing the return of income, which power he undoubtedly had, the question of levying any penalty under Section 271(.1)(a) on the basis of failure to furnish return within time would in no event arise under ine .Income-tax Act, 1961.

(3.) In this view of the matter there is nothing further in these appeals which accordingly are dismissed. In the circumstances of the cases there shall be no orders as to costs.