TMI Blog2009 (12) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 115JAA should be given effect to before charging of interest under Section 234A, 234B and 234C of the Act. We are in agreement with the reasoning given by the Delhi High Court. The learned counsel appearing for the revenue has not produced any materials or given compelling reasons to take a contrary view with that of the Delhi High Court - vs. Jindal Exports Ltd [2009 -TMI - 32986 - DELHI H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f set off against tax payable, contrary to the scheme of Schedule G of Form 1?". are the questions of law framed in this appeal, which is filed against the order of the Income Tax Appellate Tribunal, Madras ''D' Bench, Chennai, dated 05.06.2009 passed in ITA No.1718/Mds/2008, relating to the assessment year 2002-2003. 2. The facts:- (i) The assessee is a domestic company engaged in the busine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x (Appeals), the revenue carried the matter on appeal to the Tribunal. The Tribunal, confirmed the order of the Commissioner of Income Tax (Appeals). (iv) Aggrieved against the order of the Income Tax Appellate Tribunal, the revenue filed an appeal before this Court on the premise that the Tribunal's order in Chemplast Sanmar Ltd. was taken on appeal in T.C.No.887 of 2004. 3. We have heard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi):- "7. In respect of the first question of law, the arguments advanced by the counsel on either side are the same as the one advanced before the Delhi High Court cited supra. The Delhi High Court has considered the relevant provisions and dealt with the matter in detail and held that the credit under Section 115JAA should be given effect to before charging of interest under Section 234A, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f priority of adjustment of TDS, advance Tax, MAT credit under Section 115JAA which is contrary to the provisions of the Act. 6. Thus the two questions of law were already answered in the batch of cases referred to above against the revenue and in favour of the assessee. We do not find any extenuating reason for admitting the tax appeals. Following the Division Bench Judgment cited supra, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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