Decided On 27.11.2014 v. Commissioner Of Income Tax

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. ITA No. 11/2011 Decided on 27.11.2014 ____________________________________________________________________ M/s Ashoka Alloy Steels Ltd. ………..Appellant ………..Appellant Versus ……….Respondent Commissioner of Income Tax ____________________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge Hon'ble Mr. Justice Sureshwar Thakur, Judge Whether approved for reporting? [1] ____________________________________________________________________ For the Appellant : Mr. Vishal Mohan, Advocate. For the Respondent : Mr. Vinay Kuthiala, Senior Advocate with Ms. Vandana Kuthiala, Advocate. ____________________________________________________________________ Rajiv Sharma, Judge It is jointly represented by the learned counsel for the parties that the substantial questions of law raised in the appeal are covered by definitive law laid down by the Hon'ble Supreme Court of India in a judgment reported in 293ITR226. The substantial questions raised in the present appeal are thus answered accordingly. Impugned order dated 20.5.2005 (Annexure A) passed by the Income Tax Appellate Tribunal, is set aside. It is made clear by way of abundant precaution that the assessee shall be liable to pay interest till date the payment is made to the respondent-Department, in accordance with law. 2. In view of the above, the present appeal is disposed of, so also the pending applications, if any. (Rajiv Sharma) Judge November 27, 2014 (vikrant) (Sureshwar Thakur) Judge 1Whether the reporters of the local papers may be allowed to see the judgment?