Itxa/916/2008 Of The Commissioner Of Income-Taxcity-7,Mum v. M/S Pennwalt India Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL No. 916 OF 2008. ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL No. 916 OF 2008. The Commissioner of Income-tax, ..Appellant. V/s. M/s Penwalt India Ltd. ..Respondent. Mr Suresh Kumar, Advocate for the Appellant. None for the Respondent. CORAM: Dr.S. RADHAKRISHNAN CORAM: Dr.S. RADHAKRISHNAN AND V.C.DAGA, JJ. AND V.C.DAGA, JJ. DATED: 08th OCTOBER, 2008. DATED: 08th OCTOBER, 2008. P.C.: P.C.:---- ---- 1. Heard the learned counsel for the Appellant. None appears for the Respondent. 2. The above appeal raises the following substantial question of law: (a) Whether on the facts and in the circumstances of the case and in law, the learned Hon’ble Tribunal was justified in holding that the Assessee is entitled for interest under Section 244-A on the self assessment paid by the Assessee? 3. We have perused the order passed by the Income-tax Appellate Tribunal dated 18.9.2006, wherein the Tribunal in paragraph 3 has observed as under: "We have considered the rival submissions and perused the materials on record. We find that the issue involved in the present case is regarding granting of interest u/s 244A on the amount of self assessment tax paid by the assessee amounting to Rs 55,49,787/- on 13.12.87. In the case of grand Ltd (supra) also, the issue involved was similar because in that case, assessment year involved is A.Y. 1998-99 and amount of Rs. 48,71,729/- was paid by the assessee as self assessment tax on 30.9.98 and under this fact, it was held by the Tribunal that the asseesee is entitled to interest u/s 244A of the Act on the excess self assessment tax paid u/s 140A of the Act. Respectfully following this precedent, this issue is decided in favour of the assessee and the Assessing Officer is directed to grant interest u/s 244A of the Act on the excess self assessment tax paid by the assessee u/s 140A." 4. As observed above, even Assessing Officer was allowed to grant interest u/s 244A of the Act. Following the same way, we agree with the same view and grant interest under section 244A of the Act. We do not find any substance in the present appeal. 5. In the result, appeal is dismissed in limini. (V.C. DAGA,J)(DR S. RADHAKRISHNAN,J)