TMI Blog2012 (4) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee. It is directed against the order passed by the CIT (A) dated 7th December, 2011 for Assessment Year 2002-03. 2. At the outset, it was pointed out by the learned AR that only one issue is raised in the present appeal which is regarding disallowance made u/s 14A read with Rule 8D of IT Rules, 1962. The Assessing Officer has made disallowance u/s 14A with reference to Rule 8D of ` 28, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8D is not applicable to the impugned assessment year, hence, the matter has to be reconsidered in the light of the aforementioned decision of Hon'ble Delhi High Court in the case of Maxopp Investment Limited vs. CIT (supra) as the said decision of Hon'ble Delhi High Court was not available when learned CIT (A) has decided the issue. We, therefore, restore this issue to the file of Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We find that this issue is now covered by the decision of Hon'ble Supreme Court in the case of JCIT vs. Rolta India Ltd. 330 ITR 470 (SC) wherein it has been held that interest u/s 234B and 234C shall be payable for failure to pay advance tax in respect of tax payable u/s 115JA/115JB. Therefore, we hold that learned CIT (A) has rightly decided that interest is leviable u/s 234B in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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