Advance-tax penalty applies only to failure to file the estimate, not to non-payment after filing it.

Penalty under section 273(c) was confined to failure to furnish the advance-tax estimate required by section 212(3A). Where an assessee had filed the estimate but did not pay the advance tax, that default fell outside section 273(c) and was covered separately by section 218. The Tribunal applied the statutory distinction between non-filing of the estimate and non-payment of tax, and followed supporting authority on the same point. On that basis, the penalty was not exigible, the penalty order was cancelled, and the assessee succeeded.

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Issues: Whether penalty under section 273(c) of the Income-tax Act, 1961 was leviable for failure to file an estimate of advance tax under section 212(3A), and whether non-payment of advance tax after filing an estimate could be brought within that penalty provision.

Analysis: The penalty provision was held to apply only where the assessee fails to file the required estimate of advance tax in accordance with section 212(3A). Where an estimate has been filed but the tax is not paid, section 273(c) does not govern the default. Such non-payment is dealt with separately under section 218. The Tribunal relied on the statutory distinction between failure to furnish an estimate and failure to pay advance tax, and noted supporting authority to the same effect.

Conclusion: Penalty under section 273(c) was not exigible on the facts. The penalty order was cancelled, and the assessee succeeded.

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