2005 (4) TMI 25

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....llate Tribunal, Delhi, has referred the following questions of law under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for opinion to this court: The reference relates to the assessment year 1977-78. Briefly stated, the facts giving rise to the present petition are as follows: The applicant is a Hindu undivided family. Its accounting year for the asses....

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....7,420 on which he worked out the tax at Rs. 1,00,509, which demand was subsequently reduced by advance tax aggregating to Rs. 92,000. The net tax payable was worked out at Rs. 8,509. While passing the order giving effect to the appellate order, the Assessing Officer also charged interest under sections 139(8) and 217 of the Act. While doing so, he treated the amount of Rs. 75,000 seized at the tim....

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....the Tribunal, did not meet with any success. We have heard Sri Vikram Gulati, learned counsel for the applicant, and Sri Shambhoo Chopra, learned standing counsel appearing for the Revenue. Learned counsel for the applicant submitted that as the amount of Rs. 75,000 was seized by the Department on 25th and 27th January, 1977, the said amount was available with the Department and ought to hav....

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....i) of the Act reads as under: "211. Instalments of advance tax.- Subject to the provisions of this section and of sections 209A and 212, advance tax shall be payable in three equal instalments on the following dates during the financial year, namely:- (i) the 15th day of June, the 15th day of September and the 15th day of December, in the case of an assessee whose total income to the extent ....