JUDGMENT The judgment of the Court was delivered by M. H. KANIA, AG. C.J. - This is a reference under section 61(1) of the Bombay Sales Tax Act, 1959, made at the instance of the Commissioner of Sales Tax. There is only one question referred to us for our determination, which is as follows : "Whether, on the facts and in the circumstances of this case, the Tribunal was correct in law in holding that in respect of the tax due prior to 11th May, 1973, but paid after 11th May, 1973, the penalty under sub-section (3) of section 36 for the delay after 11th May, 1973, could be levied only at the old rates prevailing prior to that date and not at the new rates which came into force on that date ?" 2. It is between the counsel that in view of the decision of the Supreme Court in Maya Rani Punj v. Commissioner of Income-tax, Delhi reported in [1987] 65 STC 416; [1986] 157 ITR 330, the said question will have to be answered in the negative and against the assessee. 3. The question is answered accordingly. No order as to costs of this reference. Reference answered in the negative.