Itta/35/2007 Of The Commissioner Of Income Tax Iii, Hyderabad v. M/S. Goldstar Holdings And Industries Limited, Hyderabad

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 35 of 2007 DATED:5.12.2013 Between:The Commissioner of Income Tax-III,Hyderabad.And … Appellant M/s. Goldstar Holdings & Industries Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We do not know why this appeal was admitted as nosubstantial question of law was formulated at the time ofadmission. However, it is pre-condition under Section 260-A ofthe Income Tax Act, 1961 (for short ‘the Act’) that appeal can beadmitted and be heard only on the substantial question of lawformulated. Therefore, when we hear the appeal, it is ourobligation to make an effort to formulate substantial question oflaw and on reading of the judgment of the learned Tribunal, we donot find any element of law involved in this appeal to be decided bythis Court. Factually, it was found by the learned Tribunal that therehas been no demand for payment of tax and in fact the tax elementhas been paid. Naturally, the question of making demand or forthat matter, payment of interest does not and cannot arise and thelearned Tribunal has followed the judgment of this Court on anidentical issue. The appeal is accordingly dismissed. _____________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J5.12.2013PNB