Commissioner Of Income Taxi, Ludhiana v. M/S Vardhman Polytex Ltd., Ludhiana

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANAAT CHANDIGARH ITA No.161 of 2012 (O&M)Date of decision: July 24, 2013. -Commissioner of Income TaxI, Ludhiana ... Appellant v. M/s Vardhman Polytex Ltd., Ludhiana ... Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLAHON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON Present:Shri Rajesh Katoch, Advocate, for the appellant.Shri Alok Mittal, Advocate for the respondent. Rajive Bhalla, J. (Oral): The revenue has laid challenge to order dated 25.11.2011passed by Income Tax Appellate Tribunal, Chandigarh Bench 'B',Chandigarh. Notice in the appeal was issued on the following questionof law:- “Whether on facts and circumstances of the case, theHon'ble ITAT was justified in accepting the decision of CIT(A) who directed the Assessing Officer not to chargeinterest u/s 234D despite of the fact that it is chargeable inall decisions of Assessing Officer taken w.e.f. 01.06.2003irrespective of the Assessment Year.” Counsel for the appellant fairly concedes that the saidquestion has already been answered by this Court, in ITA No.33 of2011, The Commissioner of Income Tax. v. M/s Anand Concast Ltd.,decided on 27.1.2011. In view of the statement made by counsel for the revenue,as the question of law has already been answered against the revenue,the appeal does not call for further consideration. The question of law,so framed, is answered in terms of order dated 27.1.2011, passed in ITANo.33 of 2011, The Commissioner of Income Tax. v. M/s AnandConcast Ltd., and the appeal is dismissed. [ Rajive Bhalla ] Judge July 24, 2013. kadyan [Dr. Bharat Bhushan Parsoon] Judge