The Commissioner Of Income Tax – Tds v. M/S.svc Growth Fund Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5716 OF 2010 The Commissioner of Income Tax – TDS..Appellant. Versus M/s.SVC Growth Fund Private Limited..Respondent. Mr.Suresh Kumar for the appellant.Mr.Subhash S Shetty for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 16[th] January 2013 P.C. : 1.Mentioned. Not on board. Taken up for hearing and final disposal by consent of both the parties. 2.The basic dispute between the parties is whether the Tribunal was justified in deleting the interest levied by the assessing officer under Section 201(1A) of the Income Tax Act, 1961 ('the Act') on demands deleted under Section 201(1) of the Act ? 3.Counsel on both the sides state that the order of the Tribunal be set aside and the matter be restored to the file of the assessing officer to be decided afresh in accordance with the directions passed by the Commissioner of Income Tax (A) by his order dated 15[th] July 2002. 4.In view of the above, the impugned order of the Tribunal dated 12[th] September 2006 is set aside and the matter is restored to the file of the assessing officer for fresh consideration in the light of the directions given by the Commissioner of Income Tax (A) in his order dated 15[th] July 2002. 5.The appeal is accordingly disposed of with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)