Itxa/481/2004 Of M/S. Ushdev International Ltd v. Income Tax Officer 2(3)-4 Mumbai And Ors

-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No.481 of 2004 with Income Tax Appeal No.482 of 2004 M/s.Ushdev International Ltd. .. Appellant v/s. The Income-tax Officer & anr. .. Respondents Mr.Atul Jasani i/by Mr.V.S. Hadade for appellant. Mr.Ashok Kotangale for respondents. ----- CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. DATED : 19th December 2006 P.C. : 1. Heard the learned Counsel for the parties in both the above Appeals. 2. Both the above Appeals are filed concerning the Assessment year 1997-98. In our view, these two Appeals raise the following questions of law:- " 1) On the facts and in the circumstances of the case, whether the ITAT was right in law in holding that interest under Sections 234-B and 234-C was chargeable even in a case where the tax liability arises only on application of the provision of Section 115JA of the Income -2- Tax Act, 1961 ? 2) On the facts and in the circumstances of the case, whether the Income-tax Appellate Tribunal was right in law in upholding the action of charging of interest under Section 220(2) of the I.T. Act, 1961 even in a case where the liability consisted of only interest under Sections 234-B and 234-C charged on the tax liability arising consequent to application of provision of Section 115JA of the I.T. Act, 1961? " Matter requires consideration. Hence, both the Appeals are admitted. Mr.Kotangale waives services for the respondents. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)