TMI Blog2013 (10) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of Income Tax vs. Essar Projects Ltd [2013 (7) TMI 422 - SUPREME COURT]. Regarding allowance of interest paid on inter-corporate deposits by interpreting section 36(1)(iii) and allowance of enhancement of lease rental u/s 37 are pure - held that:- those are the questions which have been decided by the Tribunal as well as by the High Court purely on facts. - Civil Appeal No. 9134 of 2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pretation of Section 36 and other provisions of the Income Tax Act, 1961 and whether on the facts and circumstances of the case and in law the Tribunal is right in allowing the guarantee commission of Rs.4,84,23,767/- as claimed by the assessee. (b) The second substantial question of law arises in the present appeal is regarding the true scope and correct interpretation of Section 43(2) and othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances of the case and in law, the tribunal is right in allowing the enhancement of lease rental of Rs.1,61,87,500/- as claimed by the assessee?" 6. Learned Solicitor General of India, on instructions, would submit that the Revenue is not desirous of pressing for answer as regards question No. (b) that was framed and answered by the High Court. 7. We have looked into questions (c) and (d) fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin time. In that view of the matter, we condone the delay of 24 days in filing the Notice of Motion by the Revenue. We now request the High Court to dispose of the Income Tax Appeal No.450 of 2010 on merits, after affording opportunity of hearing to both the parties. The Civil Appeal is disposed of accordingly. No costs." 9. In view of the above, we allow this appeal insofar as question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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