The Director Of Income Tax (International Taxation v. M.s.sanklecha,Jj.date : 12[Th] February, 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1612 OF 2011 The Director of Income Tax (International Taxation)..Appellant.V/s.Argoma N. V. ..Respondent. Respondent. Mr. Suresh Kumar, for the Appellant.None for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 12[th] FEBRUARY, 2013. In this Appeal for the Assessment Year 1998-99 by the Revenue, the following question has been raised for our consideration:- Whether, on the fact and circumstances of the case and in law, the Tribunal was justified in holding that no interest is payable by the assessee under section 234B of the Income Tax Act, 1961 as income was subjected to TDS and not liable to pay advance tax?. 2The issue raised in the above question stands concluded in favour of the Respondent-Assessee and against the Revenue by the decision of this Court in the matter of Director of Income Tax S.R.JOSHI1 of 2 (International Taxation) v/s. NGC Network Asia LLC [2009] reported in 222 -LTR (Bom.) page 85. Since the Tribunal in the impugned order has followed the above decision, we see no reason to entertain the proposed question of law. 3Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)