Prabha Shanker Mishra, J.

1. At the instance of the assessee, M/s Jamunadas Mannalal, a registered firm, at Jhumritelaiya in the district of Hazaribagh, Income-tax Appellate Tribunal, "B" Bench, Patna, has referred to this court the following questions of law for opinion :

"(1) Whether penalty under Sec.271(1)(a) could be imposed even after charging interest under Sec.139 for delayed submission of return ?

(2) Whether, on the facts and in the circumstances of the case, the Income-tax Officer had forfeited his rights to impose penalty under sec. 271(1)(a) by not completing the assessment under Sec.143(3) ?

(3) Whether, on the facts of the case, a penalty of Rs. 8,680 calculated on the basis of tax as on unregistered firm could be levied in this case when no tax was payable by it as a registered firm ? "

2. Assessment years involved are 1965-66 and 1966-67. There being separate penalty orders for the two years and separate appeals by the assessee before the AAC, Ranchi Range, Ranchi, and the Income-tax Appellate Tribunal, "B" Bench, Patna, and two references, although by a common order, have been made by the Tribunal, in this court also the references in question have been re