In The Cit-3, Mumbai v. M/S.deepak Fertilisers And, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Considering the reasons given therein, there is no merit in the present appeal which is accordingly dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.70 OF 2009
The CIT-3, Mumbai )..Appellant
Vs.
M/s.Deepak Fertilisers and )
Petrochemicals Corporation Ltd., )..Respondents
----
Mr.Vimal Gupta with Mr.P.S.Sahadevan for the
appellant.
Mr.B.V.Jhaveri for the respondents.
----
Coram : F.I.Rebello & R.S.Mohite,JJ
Date : 25.3.2009.
PC
1. The question of law which arises in this appeal
is as under :-
. "Whether on the facts and in the circumstances of
the case the Tribunal was right in law in confirming
the order of the Ld.CIT(A) in directing to delete interest u/s.234B & 234C of the Act ignoring the provisions contained in sub-section (4) of Sec.115JA
of the IT Act" ?
2. A similar issue had came up for consideration
before this Court in Snowcem India Ltd. Vs.
Dy.Commissioner of Income-tax in Income Tax Appeal
No.238 of 2006 decided on 5.1.2009. Considering the
reasons given therein, there is no merit in the
present appeal which is accordingly dismissed.
(R.S.Mohite,J) (F.I.Rebello,J)
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