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Dy. Commissioner of Income-Tax Versus Sabarmati Paper Udyog Ltd.

2017 (9) TMI 827 - GUJARAT HIGH COURT

Interest u/s 234B and 234C chargeability if the total income is assessed to tax under section 115J - Held 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 Pharmaceuticals Guj. Ltd., [2011 (4) TMI 1037 - Gujarat High Court] has followed the decision of the Karnataka High Court in Kwality Biscuits Ltd. (1999 (11) TMI 48 - KARNATAKA High Court) as affirmed by the Supreme Court in Commissioner of .....

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ABLE MR.JUSTICE 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 judgment of the Division Bench dated 24.6.2011. Relying upon the judgment of the Supreme Court in cas .....

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ssioner of Incometax reported in (2000) 243 ITR 519 (Karnataka), was in context of section 115J of the Act which was confirmed by the Supreme Court. This was also noticed in the later decision in case of 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 .....

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Act. It was, accordingly, submitted that the court may pass such order as it deems fit in the facts and circumstances of the case. 9. In the light of the facts and submissions noted hereinabove, it is evident that the earlier exparte judgment and order dated 24.06.2011 had been made by this court on an erroneous impression that the controversy involved in this case stands concluded by the decision of the Supreme Court in the case of Rolta India Limited (supra). A perusal of the decision of the S .....

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tood at the relevant time, with sections 115JA and 115JB of the Act reveals that insofar as sections 115JA and 115JB are concerned, they are a complete code in themselves. Subsection (4) of section 115JA and subsection (5) of section 115JB of the Act specifically provide that save as otherwise provided in the section, all other provisions of the Act shall apply to every assessee, being a company, mentioned in the section; whereas, no similar provision is found in section 115Jof the Act. Moreover .....

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