This Court In Commissioner Of Income Tax v. M/S. Tata Power Co

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 179 OF 2016 The Pr. Commissioner of Income Tax-2 .. Appellant v/s. Central Bank of India ..Respondent Mr. Suresh Kumar a/w Ms. Swapna Gokhale for the appellant Mr. Madhur Agarwal I/b Mr. Tejas Shah for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. DATED : 1[st] AUGUST, 2018. P.C. 1. This Appeal under Section 260-A of the Income Tax Act, 1961(the Act) challenges the order dated 16[th] April, 2015 passed by theIncome Tax Appellate Tribunal (the Tribunal). This appeal relates toAssessment Year 1989-90. 2.The Revenue has urged only the following question of law for ourconsideration :- “Whether on the facts and in the circumstances of the case and inlaw, the Tribunal was justified in holding that the interest portionof the refund issued earlier has to be ignored for the purpose of calculating interest u/s 244A of the Income Tax Act, 1961? 3.Mr. Suresh Kumar, learned Counsel appearing for the Revenuevery fairly states that the issue raised herein stands concluded againstthe Revenue and in favour of the respondent assessee by the decision of this Court in Commissioner of Income Tax Vs. M/s. Tata Power Co. Ltd. (Income Tax Appeal No.1560 of 2013), decided on 7[th] July, 2015. 4.In the above view, the question as proposed does not give rise toany substantial question of law. Thus, not entertained. 5.The appeal is dismissed. No order as to costs. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)