Itxa/2062/2011 Of M/S. A.p. Moller v. Asstt. Director Of Income Tax

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2062 OF 2011 M/s. A.P. Moller ..Appellant. V/s. Assistant Director of Income Tax (International Taxation)-1(1), Mumbai ..Respondent. Mr. Divesh Chawala with A.K. Jasani for the appellant. Mr. Suresh Kumar for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 15TH MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2003-04, following question of law has been raised for our consideration:- “ Whether on the facts and the circumstances of the case and in law, the Tribunal was right in levying interest under Section 234D of the Act even though the provisions were not applicable prior to assessment year 2004-05 ?” itxa2062-11 2.Counsel for the parties state that the issue arising herein is covered in favour of the revenue and against the assessee by the decision of this Court dated 12[th] September, 2012 in Income Tax Appeal No.2012 of 2011 [The Commissioner of Income Tax 10, Mumbai V/s. M/s. Indian Oil Corporation Ltd.]. In the above view of the matter, we see no reason to entertain the proposed question of law. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)