Versus-Bank Of America Nt And Sa v. Carona Sahu Company Limited Reported In (1984) 146 Itr 452 (Bom). Similarly

kps IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.173 OF 2012 The Director of Income Tax(International Taxation). ..Appellant -Versus-Bank of America NT and SA...Respondent ........... Mr.Arvind Pinto a/w Mr.Suresh Kumar and Ms.Padma Divakar, for the Appellant.Mr.P.J.Pardiwalla, Senior Advocate with Ms.Vasanti B. Patel, for the Respondent. ........... CORAM: S.C. DHARMADHIKARIAND B.P. COLABAWALLA, JJ. DATE :- 03[rd] July, 2014 P.C.: 1The first two questions are identical to one raised in the Income Tax Appeal No.177/2012 and companion appeals. For the reasons that have persuaded us not to entertain the Income Tax Appeal No.177/2012, even this Appeal fails and it is dismissed insofar as the first two questions are concerned. 2The third question is pertaining to the Assessee's entitlement to interest on the amount of refund till the date on which the refund was granted. We do not find that the Tribunal committed any error of law or perversity in granting such claim simply because similar claim was granted by the Full Bench of this Court in Commissioner of Income Tax v/s Carona Sahu Company Limited reported in (1984) 146 ITR 452 (Bom). Similarly, the judgment of the Honourable Supreme Court in the Commissioner of Income Tax v/s Tata Chemicals Limited reported in (1988) 169 ITR 314 also dealt with the same issue. Both the Full Bench and the Honourable Supreme Court answered this issue in favour of the Assessee and against the Revenue. Even the third question cannot be said to be substantial question of law. The Appeal is, therefore, dismissed. No costs. (B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)