H.l. Gokhale, J v. R. Kingaonkar,J

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1814 OF 2006 Grasim Industries Limitedvs.The Chief Commissioner of Income-taxIV, Aayakar Bhavan, Mumbai & ors. Petitioner Respondents Mr.J.D.Mistry i/b.M/s.Dave & Girish & Co. for thepetitioner. Mr.A.D.Kango for the respondents. P.C. CORAM: H.L.GOKHALE &V.R.KINGAONKAR,JJ. DATED: 7th August, 2006 Heard Mr.Mistry in support of this petition. Mr.Kango appears for the respondents. 2. The petition seeks to challenge the order dated 10thFebruary, 2006 passed by the respondent no.1 hereinwhereunder the respondent no.1 has, on the one hand,accepted the petitioner’s claim for waiver of interest,but, on the other hand, refused to grant the actual benefit merely on the ground that the amount of interest is already paid by the assessee. 3. The respondents have filed their reply. We haveperused it. 4. We issue rule and make it returnable forthwith. We have heard the counsel for both the parties since thequestion involved is very limited. interest amount and, therefore, there is no question of waiver being granted. waiver under Section 234-C of the Income Tax Act. 9. Rule is made absolute in the above terms with no order as to costs. ( H.L. GOKHALE, J.) ( V. R. KINGAONKAR,J. )