2017 (9) TMI 827

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..... STICE AKIL KURESHI) 1. The appeal was admitted for consideration of the following substantial question of law : "Whether the Income Tax Appellate Tribunal has not substantially erred in law in holding that interest under sections 234B and 234C is not chargeable if the total income is assessed to tax under section 115J of the Income Tax Act?" 2. At one stage, the appeal was disposed of by jud .....

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..... f Rolta India Ltd (supra). The Division Bench allowed the Revenue's application making following observations : "8. On the other hand, Mr. Nitin Mehta, learned Senior Standing Counsel for the respondent has very fairly submitted that the controversy involved in the present case is no longer res integra, inasmuch as, this court in the case of Deputy C.I.T. (Assistant) v. Farmson Pharmaceutica .....

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..... sion of the Supreme Court in the case of Rolta India Limited (supra). A perusal of the decision of the Supreme Court in the case of Rolta India Limited (supra) makes it evident that the same was rendered in the context of the provisions of sections 115JA and 115JB of the Act, whereas the facts of the present case relate to the provisions of section 115J of the Act. The decision of the Karnataka Hi .....

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..... decision of the Karnataka High Court in the case of Kwality Biscuits Ltd. (supra) as having been affirmed by the Supreme Court in Kwality Biscuits Ltd. (supra) and has not disturbed the position of law enunciated therein. 10. In Rolta India Limited (supra), the Supreme Court, in the context of the provisions of sections 115JA and 115JB of the Act, which are held to be a self-contained code pert .....

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..... ior in point of time to the judgment and order dated 24.06.2011 which is sought to be recalled. In the aforesaid premises, the application deserves to be allowed." 3. The said order recalling the judgment allowing the Revenue's petition has given detail reasons why the Bench had previously erred in answering the question in favour of the Revenue. We adopt the reasonings and dismiss the appea .....

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