Itxa/1572/2011 Of Commissioner Of Income Tax, Central-Ii v. Mr. Arunkumar J. Ashar

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1572 OF 2011 The Commissioner of Income Tax, Centra-II, Mumbai..Appellant. V/s. M/s. Arunkumar J. Ashar ..Respondent. Mr. Suresh Kumar i/b. Padma Divakar for the appellant.None for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 1ST FEBRUARY, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2006 -07, the following questions of law have been raised for our consideration:- (1)Whether on the facts and in the circumstances of the case, the Tribunal in law was justified in holding that the first appellate authority was right in directing the assessing officer to compute the interest u/s.234A and 234B by treating the cash seized as adjusted against the advance tax from the date of receipt of Tribunal in law was justified in holding that the first appellate authority was right in directing the assessing officer to compute the interest u/s.234A and 234B by treating the cash seized as adjusted against the advance tax from the date of receipt of request from the assessee for adjustment of seized cash towards liabilities ? (2)Whether on the facts and in the circumstances of the case, the Tribunal in law was right in ignoring the provisions of section 234(B)(2) wherein actual date of payment of tax is contemplated by the use of the words “tax is paid” and not deemed payment of tax for the purpose of computation of interest u/s.234B of the Income Tax Act ?Tribunal in law was right in ignoring the provisions of section 234(B)(2) wherein actual date of payment of tax is contemplated by the use of the words “tax is paid” and not deemed payment of tax for the purpose of computation of interest u/s.234B of the Income Tax Act ? (3)Whether on the facts and in the circumstances of the case, the Tribunal in law was right in treating the amount of cash seized as taxes paid in advance for the purpose of computation of interest payable u/s.234A, 234B, 234C of the I.T. Act ?Tribunal in law was right in treating the amount of cash seized as taxes paid in advance for the purpose of computation of interest payable u/s.234A, 234B, 234C of the I.T. Act ? 2.The Tribunal by the impugned order while granting the benefit to the respondent-assessee followed its decision in the case of DCIT V/s. M/s. Shree Jalaram Lottery Agency (ITA No.4455/Mum/ 2006) dated 6[th] August, 2009. The appeal filed by the revenue against the said order of the Tribunal being Income Tax Appeal No.1140 of 2010 [The Commissioner of Income Tax, Central-III V/s. Shree Jalaram Lottery Agency] was dismissed by this Court on 1[st] August, 2012. 3.In view of the above, we see no reason to entertain the present appeal. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)