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Section 256(2) of the income-tax act, 1961-Reference-Question of fact-Whether any question of law arose from tribunal's finding that assessee had no reasonable cause for late filing of return-Held, no Facts After considering the assessee's explanation for delay in filing its return, the ITO held that the assessee had failed to make out reasonable cause for the delay and imposed penalty, and this was confirmed by the Tribunal, after considering the material on record. The Tribunal also rejected the assessee's reference application under section 256(1). On application under section 256(2): Held The question as to whether the assessee had failed to furnish the return in time without reasonable cause, is a question of fact. The Tribunal had, after taking into consideration the explanation of the assessee and the material on record, found that the assessee had failed to make out that there was reasonable cause for the delay in filing, the return. Hence, no question of law arose from the Tribunal's order. Order SOHANI, J.-This is an application under section 256(2) of the Income-tax Act, 1961 (the Act'). 2. The material facts giving rise to this application briefly are as follows : For the assessment year 1971-72, the assessee had to file return on or before 30-9-1971, but the return was, however, filed on 22-3-1973. The ITO, therefore, initiated penalty proceedings against the assessee under section 271(1)(a) of the, Act. In reply to the show cause notice, the assessee gave explanation for the delay in riling the return. The ITO was, however, of the opinion that the assessee had failed to make out reasonable cause for the delay of 17 months in filing the return. The ITO, accordingly, imposed penalty, which was confirmed on appeal, by the AAC. The assessee filed a second appeal before the Tribunal. The Tribunal, after considering the entire material on record, affirmed the finding of the…

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