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Issues Involved:
1. Date for levying penalty under Section 273(b) read with Section 273(ii) of the Income-tax Act, 1961. 2. Treatment of Rs. 1,83,000 paid by the assessee on March 26, 1965, as valid advance tax for penalty computation. Issue-Wise Detailed Analysis: 1. Date for Levying Penalty under Section 273(b) read with Section 273(ii) The primary issue is determining the correct date for levying a penalty under Section 273(b) read with Section 273(ii) of the Income-tax Act, 1961. The court considered three possible dates: - The date of default, as contended by the revenue. - The 1st day of April following the financial year in which advance tax was payable. - The date of the regular assessment, as contended by the assessee. The court held that the date of default could not be the basis for penalty determination. It emphasized that the amount on which interest is payable under Section 217 is crucial, and interest under Section 217 starts accruing from the 1st day of April following the financial year in which advance tax was payable. The court found both the second and third interpretations reasonable. However, it preferred the third interpretation, which is more favorable to the assessee, aligning with the principle that ambiguous tax provisions should be interpreted in favor of the taxpayer. Thus, the date of regular assessment was considered the crucial date for determining the penalty. 2. Treatment of Rs. 1,83,000 Paid by the Assessee on March 26, 1965 The second issue concerns whether the amount of Rs. 1,83,000 paid by the assessee on March 26, 1965, should be treated as valid advance tax and deducted from 75% of the tax determined for penalty computation under Section 273(b). The Tribunal had ruled that the amount paid by the assessee before April 1, 1965, should be deducted from the 75% of the tax calculated under Section 215(1) and (2). The Tribunal reasoned that the default in filing the estimate of advance tax and paying the advance tax was not severe enough to justify a penalty exceeding the minimum prescribed under Section 273(ii). The revenue argued that since the amount was paid after the due date, it should not be treated as part of the advance tax. However, the court, after examining Sections 217, 215, and 212, concluded that the Tribunal was correct in considering the payment made on March 26, 1965, as a deduction. This interpretation aligns with the scheme of the penalty provisions, which aim to compute the penalty based on the amount on which interest is payable under Section 217. The court also noted that the Taxation Laws (Amendment) Act, 1970, which came into force on April 1, 1971, clarified the position by explicitly stating that the penalty should be calculated based on 75% of the assessed tax. This legislative amendment supported the court's interpretation that the penalty should consider payments made before the regular assessment. Conclusion The court answered the question in the negative, ruling in favor of the assessee. It held that the penalty under Section 273(b) read with Section 273(ii) should be computed by deducting the amount of Rs. 1,83,000 paid by the assessee on March 26, 1965. The Commissioner was directed to pay the costs of the reference to the assessee-company.
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