Pawan Kumar v. Commissioner Of Income Tax, Kurukshetra (Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH**** I.T.A. No.256 of 2012 (O&M) Date of Decision:02.04.2013 Pawan Kumar Proprietor Saraswati Gas Service Vs. .....Petitioner Commissioner of Income Tax, Kurukshetra (Haryana) .....Respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MS. JUSTICE RITU BAHRI Present:-Mr. Pankaj Jain, Advocate for the appellant. **** HEMANT GUPTA, J.(Oral) The present appeal under Section 260-A of the Income Tax Act,1961 arises out of an order dated 15.5.2012 passed by Income Tax AppellateTribunal, Chandigarh `A' Bench, Chandigarh for the assessment year 2008-2009. The assessee has claimed the following substantial questions of law as arises out of an order passed by the Tribunal:- (i) (ii) Whether under the facts and circumstances of the case, thedisallowance of interest payment made u/s 40(A)(2)(a) r.w.Section 29, 145 of the Act is sustainable without `dischargingthe onus' for `returning the findings' on the mandatoryrequirements of the provisions of law? Whether under the facts and circumstances of the case, whilepassing `such orders' u/s 254(1), the tribunal has to recordfindings on the `material facts' containing `material particulars'and/ or simply affirm the CIT(A) order without the `applicationof mind'? After arguing for some time, learned counsel for the appellant I.T.A. No.256 of 2012 (O&M) wishes to withdraw the present appeal with liberty to raise the question ofdisallowance of interest in subsequent assessment years in accordance withlaw. ( HEMANT GUPTA ) JUDGE April 02, 2013renu ( RITU BAHRI ) JUDGE