The Director Of Income Tax(International Taxation v. M/S. Morgan Guarantee Internationalfinance Corporation )........ Respondant

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3533 OF 2007 IN INCOME TAX APPEAL (L) NO. 1796 OF 2007 The Director of Income tax(international Taxation) .... Appellant versus M/s. Morgan Guarantee InternationalFinance Corporation )........ Respondant. Mr. P.A. Vyas for the AppellantMr. A.K. Jasani for the Respondents. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 16TH JULY 2008. P.C.: 1.This is an application for condonation of delay. Theother side has no objection. Consequently the Notice of Motion ismade absolute in terms of prayer clause (a). Delay is condoned. 2.With the consent of parties, the appeal is taken up forfinal hearing. 3.We have heard the learned counsel appearing for theparties. The only question i.e. sought to be raised in the presentappeal, while challenging the order of Income Tax AppellateTribunal dated 13[th] September 2006 is that the interest under section 234B and 234C of the Income Tax Act are not liable to payby the assessee because they are not liable to pay advance taxinterest. 4.We have perused the judgment of the Tribunal, whorelied upon two earlier judgments including that of the SpecialBench of the Tribunal in case of Sedco Forex International Vs.DCIT reported in 72 ITD 415 and in case of Motorola Inc. 95ITD 269(SB)(Del). The view taken by the Tribunal in case ofSedco Forex International was also affirmed by the Bench of HighCourt in 264 ITR page 320. No question of law, much lesssubstantial question of law arises in the present case. We see noreason to take a different view. Hence appeal is dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.