ORDER :

Bechu Kurian Thomas, J.

The Income Tax Appellate Tribunal has referred to this Court the following questions of law, under Section 256(1) of the Income Tax Act, 1963. (for short 'the Act'). Adjudication relates to the assessment year 1982-83.

1) "Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in holding that there was a mistake in the appellate order which required rectification on the ground that there was disparity on a point between the impugned order and another order of the Appellate Tribunal?

2) Whether there were materials for the Appellate Tribunal to interfere with the order of the CIT(Appeals) and re-determine the quantum of penalty?

3) Whether the Appellate Tribunal was right in directing the assessing officer not to follow the decision of the Indore Bench of the Tribunal in the case of Ramlal Chiranjilal vs. ITO which held that the quantum of penalty is to be computed in relation to the total income as finally determined?"

2. The assessee filed the return of income for the assessment year 1982-83 only on 14.8.1986. Due to the delay in filing the return, the assessing officer, after rejecting the explanation offered by t