(1.) ON an application of the assessee, the Income-tax Appellate Tribunal has stated this case and referred the following question for opinion of the court:
(2.) ASSESSEE is a firm and the relevant year of assessment is 1968-69. By notice under Section 210 of the Income-tax Act (hereinafter referred to as the Act) served on the assessee on May 23, 1967, the assessee was called upon to pay advance tax for the assessment year 1968-69. There was default in compliance with the demand and accordingly the Income-tax Officer levied penalty of Rs. 3,400 under Section 221(1) of the Act.