COMMISSIONER OF INCOME TAX Vs. FERNANDEZ G J

JUDGEMENT

(1.) : The following question has been referred under s. 256(1) of the IT Act, 1961, by the Tribunal (Bangalore Bench):

(2.) THE facts in extenso have been set out in the statement of the case, out of which we may set out only those that are just relevant.

(3.) BEFORE the Tribunal, there was no dispute that the last date for payment of advance tax was March 15, 1970, which was a Sunday and the payment was made by the assessee by cheques on March 16, 1970, which was held to be a valid payment. There is also no dispute that the three, cheques issued by the assessee were handed over to the AO on March 16, 1970. They were local cheques drawn on a local bank and were duly honoured and the amounts realised were credited to the Government account.