Itxa/3375/2010 Of The Commissioner Of Income Tax - 2 Mumbai v. Trim Leasing And Finance Pvt Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3375 OF 2010 The Commissioner of Income Tax-2, Mumbai ..Appellant. V/s. M/s. Trim Leasing & Finance Pvt. Ltd.(Trim Leasing & Investments Pvt. Ltd.) ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Atul K. Jasani for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 22ND JULY, 2011 P.C. :- 1. Heard. The appeal is admitted on the following question of law:- " Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that interest u/s.234B and 234C is not leviable on tax payable under the provisions of Section 115 JA of the Income Tax Act ? " 2.By consent of the parties, the appeal is taken up for final hearing. 3.Counsel for the parties state that the aforesaid question is answered in favour of the revenue by the decision of the Apex Court in the case of Joint Commissioner of Income-tax V/s. Rolta India Ltd. reported in [2011] 330 ITR 470 (SC). Accordingly, the question raised in this appeal is answered in favour of the revenue and against the assessee. 4.The appeal is disposed off accordingly with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)