1998 (1) TMI 62

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....arties. This application is made at the instance of the Revenue under section 256(2) of the Income-tax Act, 1961. The assessment year relevant herein is 1983-84. The due date for filing the return in the case of the assessee was July 31, 1983, but the assessee filed the return on November 14, 1985. The explanation of the assessee was that the return could not be filed in time as there was delay....

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.... to any question of law in this behalf. Aggrieved, the Revenue has come up under section 256(2) requiring us to direct the Appellate Tribunal to refer the following questions : "1. Whether, on the facts and in the circumstances of the case and in the absence of an ascertainment or a finding that there was delay in filing the accounts of the firm, the Tribunal is right in law and fact in proc....