TMI Blog2010 (6) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... e special leave petition by the Hon'ble Supreme Court, the revenue shall not recover the interest - Accordingly, the appeal is allowed and substantial questions of law answered in favour of revenue and against assessee. - IT APPEAL NO. 3151 OF 2005 - - - Dated:- 10-6-2010 - N.K. PATIL AND ARAVIND KUMAR, JJ. M.V. Seshachala for the Appellant. K.P. Kumar for the Respondent. JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee came to be accepted by order dated 3-12-2001 and levy of interest was ordered to be deleted. (d) Against the said order dated 3-12-2001 the revenue filed an appeal before Income-tax Appellate Tribunal, Bangalore which appeal came to be dismissed by order dated 7-5-2005, against which, the revenue is in appeal before this Court raising the following substantial questions of law: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000 and the Board Circular which clearly contemplated that under the new provisions, levy of interest under sections 234B and 234C of the Act was mandatory ?" 3. We have heard learned advocates appearing for the parties. 4. It is submitted at the bar that very issue regarding levy of interest under section 234B and 234C is covered by the decision of a coordinate Bench of this Court in ITA No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to the outcome of the Special Leave Petition Nos. 8158-8160/2010. It is needless to say that till the disposal of the special leave petition by the Hon'ble Supreme Court, the revenue shall not recover the interest. 7. Accordingly, the appeal is allowed and substantial questions of law answered in favour of revenue and against assessee. Order dated 7-6-2005 passed in ITA. Nos. 15/Bang./2003 by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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