2008 (6) TMI 204

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..... J. - Having heard the parties, the appeal is admitted on question (b) as framed in Para 4 of the Appeal memo which is as under : "Whether in the facts and circumstances of the case and in law,the Tribunal is right in holding that for the purposes of Sec. 249(4) of the Act, the deposit of tax, which is a condition precedent, does not include interest Under section 234B & 234C of the Act?" 2. The .....

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..... view can be taken in favour of an assessee that view is ordinarily preferred. 4. On the literal reading of Section 249(4) of the Act, the language used by the Legislature is "has paid tax dues". The expression tax has been defined in Section 2(43) of the Income Tax Act. Tax as per the definition does not include interest which has been independently referred to under Section 2(28)(a) of the Inco .....

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..... e Tax Act. The issue for consideration in terms of Question 5, framed by the Supreme Court was whether the tax under Section 11(2)(a) would include interest on penalty as well. After considering the different concepts under the Income Tax Act, the learned Court was pleased to hold that the penalty and interest under the Income Tax Act are different concepts and that definition of tax under Section .....

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