TMI Blog2011 (6) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961 [ the Act ], the appellant-revenue has challenged order dated 23rd August, 2001 made by the Income Tax Appellate Tribunal, Ahmedabad Bench B [ the Tribunal ] in I.T.A. No. 4771/Ahd/1995 for the Assessment Year 1990-91. 2. While admitting the appeal, this Court had, by an order dated 25.2.2003 formulated the following substantial question of law: Whether, the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 115J/115JA are special provisions. Section 207 envisages that tax shall be payable in advance during any financial year on current income in accordance with the scheme provided in Sections 208 to 219 (both inclusive) in respect of the total income of the assessee that would be chargeable to tax for the assessment year immediately following that financial year. Section 215(5) of the Act defined wha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x zero-tax companies. It is clear from reading Sections 115JA and 115JB that the question whether a company which is liable to pay tax under either provision does not assume importance because specific provision(s) is made in the section saying that all other provisions of the Act shall apply to the MAT Company (Section 115JA(4) and Section 115JB(5)). Similarly, amendments have been made in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment. 5. The Tribunal, in the impugned order has held that no interest under sections 234B and 234C would be chargeable in the assessee's case for the assessment year under consideration since the assessment has been made after taking recourse to the provisions of section 115J of the Act. The decision of the Tribunal is clearly contrary to the law laid down by the Supreme Court in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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