Itta/17/2001 Of Nava Bharat Ferra Alloys Ltd v. The Dy.commi.of Income Tax Hyd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE MS. JUSTICE G. ROHINI I.T.T.A. No.17 of 2001 DATE: 27.06.2013 Between: M/s. Nava Bharat Ferro Alloys Limited,Hyderabad. … Appellant And The Deputy Commissioner of Income Tax (Assts),Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE MS. JUSTICE G. ROHINI I.T.T.A No.17 of 2001 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) At the time of admission of the appeal, no substantial question of law was formulated. We, therefore, formulate the following substantial question of law. “Whether on the facts and circumstances of the case, thejudgment and order of the learned Tribunal is patently wrong while onone hand the learned Tribunal has refused to allow the amount ofinterest payable on excess credit on the other hand the same issuewas remanded for fresh hearing.” No one appears for the respondent- assessee. We have heard the learned counsel for the appellant and gone through the impugned order of the learned Tribunal. Since there is some inconsistency in the order impugned before theTribunal, it has remanded the entire issue for fresh hearing. Hence, we arenot inclined to interfere with the said finding of the learned Tribunal. Accordingly, the appeal is dismissed. However, we direct the authorityconcerned to decide the matter, if not already decided, in terms of thedirection of the learned Tribunal, within a period of two months from the dateof receipt of this order. No costs. _____________________ K.J. SENGUPTA, CJ ______________ G. ROHINI, J Date: 27.06.2013ES