1. - At the instance of the Commissioner of Income-tax, jodhpur, the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur ("the Tribunal" herein), has referred the following questions for our opinion, which arise out of its order dated June 30, 1978, passed in Income-tax Application No. 375/JP/76-77:

"1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the Appellate Assistant Commissioner of Income-tax has rightly entertained the appeal on the point of levy of penal interest under section 215 of the Income-tax Act, 1961 ?

2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the learned Appellate Assistant Commissioner bad not travelled outside his jurisdiction in this case ?

3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in sustaining the order passed by the learned Appellate Assistant Commissioner waiving interest for the period from April, 1973, to the date of assessment ?"

2. The assessee is a partnership concern. The assessment year under consideration is 1971-72. For this assessment year, the return of in