Itta/84/2014 Of The Commissioner Of Income Tax-Iv v. M/S Nsl Power Infratech Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.84 of 2014 Date: 21.02.2014 Between: The Commissioner of Income Tax-IV,Hyderabad .....Appellant AND M/s NSL Power Infratech LtdHyderabad. ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.84 of 2014 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is sought to be preferred and admitted againstthe judgment and order of the learned Tribunal dated 27[th] June,2013 in relation to the assessment year 2006-07 on the followingsuggested questions of law: (1) Whether on the facts and in thecircumstances of the case and in law, the Tribunal iscorrect in deleting the disallowance under Section40(a)(ia) of the Income Tax Act, 1961, even thoughtax was not deducted on interest payment? (2) Whether on the facts and in thecircumstances of the case and in law, the Tribunal iscorrect in holding that assessee had not derived anyinterest income from M/s Adarsh Developers Pvt. Ltd.and accordingly sustaining the relief given by the CIT(A)? (3) Whether on the facts and circumstances ofthe case and in law, the Tribunal is correct inupholding that the reasons given by CIT (A) are validand reasonable to delete the disallowance on accountof factory maintenance even though the CIT (A) hadnot discussed the issue in deleting the disallowanceunder Section 40a(ia) of the Income Tax Act, eventhough tax was not deducted on interest payment? We have heard the learned Counsel for the appellant andgone through the impugned judgment and order of the learnedTribunal. The learned Tribunal basically has relied on its own orderdated 24[th] January 2013 in I.T.A.No.1219/Hyd/2011 wherein the principal issue has been decided against the Revenue. There is nostatement that against the aforesaid order any appeal has beenpreferred. The present appeal relates to the offshoot issue and thelearned Tribunal has obviously as a matter of course has decidedagainst the Revenue. Accordingly, we dismiss the appeal. Miscellaneous petitionspending, if any, shall also stand closed. ___________________ K.J. SENGUPTA, CJ __________________ SANJAY KUMAR, J 21-2-2014 Gsn