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TMI Blog2018 (2) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances of the case and in law, the Tribunal was right in holding that interest was chargeable under section 7C in a case where the shortfall in the payment of advance surtax has arisen only on account of unanticipated additions/ disallowance in the income tax assessment?" 2 The present Reference relates to Assessment Years 1982-83 and 1984-85. 3 From the reading of the statement of case, it is clear that the question as raised by the Tribunal proceeds on the basis of its order passed under Section 12(7) of the Surtax Act, allowing Respondent Revenue's appeal before it under the Surtax Act by following a decision of its Coordinate Bench in E Merck (I) Ltd 31 ITD 509 rendered under Section 254 (1) of the Act. The contention befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition in respect of difference in stock were held in its favour and two items i.e. disallowance of provision for wage arrears and contribution for staff welfare funds are held against the Applicant Assessee in the order dated 8th March, 1989 as passed in quantum (Income tax) proceedings under the Act. 5 We note that the statement of case makes no mention of order dated 8th March, 1989 passed in the quantum (Income tax) proceedings for the subject Assessment Years and its impact in the question of law proposed for our opinion. Further, we also note that the statement of case has not set out the complete facts in respect of both the Assessment Years which would be necessary for us to appropriately answer the question posed for our opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y within eight weeks. The said supplemental statement is not received. Even, under order dated 15th June, 2017 we had granted further two weeks time to comply the said order. 2. It is stated that the said supplemental statement is not yet received by this Court. 3. We extend the time by three more weeks. In case, we do not receive the said supplemental statement by the next date, we will be constrained to pass further order. We request the learned Counsel for the Revenue to communicate the order to the Tribunal. 4. Stand over to 20th July, 2017." 4. We are informed by the learned Counsel for the Revenue that the above order has been communicated to the Tribunal. 5. The Reference has reached hearing today. However, till date the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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