The High Court disposed of an income tax appeal questioning the deletion of interest levy. The Court chose not to answer the issue cited by the Commissioner, leaving it open for the Assessing Officer to consider afresh.
Left open for consideration by the A.O. afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 4047 OF 2008
WITH
INCOME TAX APPEAL (L) NO. 2876 OF 2008
The Commissioner of Income Tax ... Appellant
Versus
DBS Bank Ltd. ... Respondent
Mr. Parag Vyas for the Appellant.
Mr. B.D. Damodar i/by Kanga & Co. for Respondent.
CORAM: F.I. REBELLO, &
R.S. MOHITE, JJ.
DATED: JANUARY 20, 2009
P.C.
. For the order tobe passed and for the cause
shown, delay condoned in terms of Prayer Clause (a).
Office to register the appeal.
. Revenue has preferred the appeal on the following
question :
"Whether on the facts and in the
circumstances of the case the the ITAT was
justified in deleting the levy of Interest
u/s 234B?"
. Considering the finding in Para 10 of the order
of the I.T.A.T. we do not propose to answer the
issue and leave it open for consideration by the
A.O. afresh.
(R.S. MOHITE, J.)(F.I. REBELLO,J.)
1 issue framed by the court
Whether the ITAT was justified in deleting the levy of interest u/s 234B on the facts and circumstances of the case
1 provisions across 1 enactments
Commissioner of Income Tax
DBS Bank Ltd.
F.I. Rebello
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court