Law:

Section:

Section 273 of the Income-tax Act, 1961 - Penalty - For false estimate of, or failure to pay advance tax - Tribunal found as fact that advance tax actually paid was more than tax demanded under section 210 but penalty was imposed because estimate was filed late by two days - Tribunal held that this was only technical default for which no penalty could be imposed - Whether conclusion of Tribunal being finding of fact, no question of law arose from Tribunal's order - Held, yes FACTS The Tribunal had found as a fact that the advance tax which was actually paid was more than the tax demanded under section 210 and that the penalty was imposed only because the estimate was filed late by two days, and that this was only a technical default. On the said findings the Tribunal held that the penalty proceedings should not have been initiated. On reference : HELD The Tribunal's conclusion was a finding of fact and no question of law did arise. Note : The case was decided in favour of the assessee. B. Gupta and R.K.…

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