The Director Of Income Tax (It) -2, Mumbai v. M/S.nickelodeon Asia Holding Pte Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.333 OF 2013ANDINCOME TAX APPEAL (L) NO.346 OF 2013 The Director of Income Tax (IT) -2, Mumbai Versus M/s.Nickelodeon Asia Holding Pte Limited ..Appellant. ..Respondent. Mr.Tejveer Singh for the appellant.None for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 13[th] March 2013 P.C. : Office objections waived. 2.In these appeals by the Revenue for assessment years 2006-07 and 2007-08, following common question of law has been proposed for our consideration. “Whether on the facts and circumstances of the case and in law, the Tribunal is correct in holding that interest charged under Section 234B is not chargeable for default in not deducting the tax at source without appreciating the mandatory requirement on the issue of charging interest under Section 234B of the Income Tax Act, 1961 ?” 3.Since the Tribunal has allowed the claim of the respondent – assessee by following the decision of this Court in the matter of Dy. Commissioner of Income Tax V/s. NGC Network Asia LLC reported in 313 ITR 187, we see no reason to entertain the proposed question of law. 4.Accordingly, both the appeals are dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)