TMI Blog2015 (10) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal order of assessment has been upheld by this court [2014 (9) TMI 429 - MADRAS HIGH COURT] wherein the order of the Tribunal got reversed. It was on the basis of the very same order of the Tribunal, the present impugned order has been passed. Therefore, the order of the Tribunal impugned in this appeal should also meet with the very same fate. Hence, the question of law is answered against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appears that the Department issued notice under section 10 of the Interest Tax Act, calling upon the assessee to file Return of chargeable interest for the assessment years 1993-94 to 1997-98, since the assessee had not filed Returns. The assessee claimed that it is not a credit institution and hence, the provisions of Interest Tax Act are not applicable to them. 4. The assessing officer found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als were allowed and the question of law relating to the issue as to whether the assessee is a financial company or a credit institution was answered against the assessee. 7. It appears that during the pendency of the above proceedings, the assessee filed a petition under section 17 of the Interest Tax Act on the ground that they are not liable to pay interest under section 12A of the Interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Tribunal in I.T.A.Nos.91 to 95/Mds/2003 got reversed. It was on the basis of the very same order of the Tribunal, the present impugned order has been passed. Therefore, the order of the Tribunal impugned in this appeal should also meet with the very same fate as that of the appeals in T.C.A.Nos.1401 to 1405 of 2007. Hence, the question of law is answered against the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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