2017 (9) TMI 827

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.... ORAL ORDER (PER : HONOURABLE 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.....

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....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 integra, inasmuch as, this court in the cas....

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....ontroversy 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 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....

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....Rolta India Limited (supra) has specifically referred to the 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 an....