COMMISSIONER OF INCOME TAX Vs. BISHWANATH TULSYAN

JUDGEMENT

(1.) AT the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961 (for short, "the Act"), the Appellate Tribunal, Patna Bench, Patna, has referred to this court the following questions for its opinion pertaining to the assessment year 1977-78 :

(2.) WHETHER, on the facts and circumstances of the case, the Tribunal is justified in deleting the interest charged by the Income-tax Officer ?"

(3.) IT was submitted by Mr. N.K. Sinha, learned counsel for the assessee, that an application has been filed before the Commissioner of Income-tax for waiver of the interest, which, according to him, is, perhaps, pending. If that is so, the Commissioner of Income-tax will decide the application, on the merits, and in accordance with law.