COMMISSIONER OF INCOME TAX Vs. ABRAHAM V I

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS application is made at the instance of the Revenue under Section 256(2) of the Income-tax Act, 1961. The assessment year relevant herein is 1983-84. The due date for filing the return in the case of the assessee was July 31, 1983, but the assessee filed the return on November 14, 1985. The explanation of the assessee was that the return could not be filed in time as there was delay in finalising the accounts of the firms in which he is one of the partners. The Income-tax Appellate Tribunal, on appeal, held as under :

(3.) AGGRIEVED, the Revenue has come up under Section 256(2) requiring us to direct the Appellate Tribunal to refer the following questions :