Advance-tax estimate liability ends after regular assessment, and setting aside the assessment does not revive it.

An assessee was not required to furnish an advance-tax estimate under section 212(3) merely because an earlier assessment had been set aside under section 146. The provision was construed as applying only to a person who had not previously been regularly assessed; once a regular assessment had been made, the obligation ceased and was not revived by later annulment or setting aside of that assessment. On that plain reading, no debatable or referable question of law arose for reference under section 256(2).

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Issues: Whether an assessee whose assessment under section 144 of the Income-tax Act, 1961 had been set aside under section 146 remained liable to file an estimate and pay advance tax under section 212(3) of the Income-tax Act, 1961, and whether any referable question of law arose under section 256(2) of the Income-tax Act, 1961.

Analysis: The obligation to furnish an advance-tax estimate under section 212(3) arises only in the case of a person who has not previously been regularly assessed under the Income-tax Act, 1961 or the Indian Income-tax Act, 1922. The expression "has not previously been assessed" was treated as referring to a person who has never been regularly assessed. Once a regular assessment has been made, the obligation ceases, and the subsequent setting aside of that assessment does not revive the liability. On that construction, the language was held to be plain and unambiguous, leaving no debatable question of law.

Conclusion: The assessee was not liable to file the estimate merely because its earlier assessment had been set aside, and no referable question of law arose.

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