The Commissioner Of Income Tax, Panchkula v. M/S Haryana Warehousing, Bay

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No. 557 of 2007DATE OF DECISION : 28.04.2008 The Commissioner of Income Tax, Panchkula .... APPELLANT Versus M/s Haryana Warehousing, Bay No. 15-18, Sector 2, Panchkula ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTALHON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:Mr. Yogesh Putney, Advocate,for the appellant-revenue.* * * SATISH KUMAR MITTAL , J. ( Oral ) The revenue has filed this appeal under Section 260-A of theIncome Tax Act against the order dated 24.2.2005, passed by the IncomeTax Appellate Tribunal, Chandigarh Bench `A' Chandigarh in ITA No.176/CHANDI/2001 for the assessment year 1993-94, raising the followingsubstantial question of law for consideration of this Court : “Whether on the facts and in the circumstances of the case, theITAT was right in law in holding that the assessee was notliable for paying interest under Section 234B of the Income TaxAct, 1961 charged on the total income assessed? Learned counsel for the appellant-revenue very fairly submitsthat in case of the assessee itself, this Court has decided an identical question in favour of the assessee, by dismissing two appeals (ITAs No. 242of 2006 and 367 of 2005), filed by the revenue, which were pertaining to theassessment years 1989-90 and 1993-94. Therefore, the authoritativepronouncements of this Court in ITAs No. 242 of 2006 and 367 of 2005 areapplicable to this case. Accordingly, this appeal is also dismissed. ( SATISH KUMAR MITTAL )JUDGEJUDGE April 28, 2008 ndj ( RAKESH KUMAR GARG )JUDGE