2023 (5) TMI 1249

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....>HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE GIRISH KATHPALIA For the Appellant : Mr Ruchir Bhatia, Sr Standing Counsel. For the Respondent : Ms Kavita Jha and Mr Udit Naresh, Advs. ORDER RAJIV SHAKDHER, J. (ORAL): CM No. 22662/2023 in ITA 254/2023 CM No. 22686/2023 in ITA 255/2023 CM No. 22688/2023 in ITA 256/2023 1. Allowed, subject to just exceptio....

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....he appellant/revenue concern Assessment Year (AY) 2013-14 [ITA No.257/2023]; AY 2014-15 [ITA No.256/2023]; AY 2015-16 [ITA No.254/2023] and AY 2016-17 [ITA No.255/2023]. 6.1 These appeals assail a common order dated 29.01.2021 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"]. 7. Mr Ruchir Bhatia, learned senior standing counsel, who appears on behalf of the appellant/revenu....

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....st under Section 234B of the Act? 8. Mr Bhatia, however, fairly says that all three questions are covered by the following decisions: 8.1 Insofar as the proposed question (a) is concerned, it is covered by the decision of the Supreme Court rendered in a bunch of appeals, being Civil Appeal Nos. 6511-6518/2010, titled Director of Income Tax, New Delhi v. Travelport Inc., dated 19.04.2023. Acc....

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....ctor Of Income Tax, New Delhi v. Mitsubishi Corporation, (2021) 130 Taxman.com 276 SC may not apply, but on facts, since the additions have not been sustained, the addition qua interest under Section 234B of the Act may not survive. 9. It cannot but be accepted by Mr Bhatia that the following observations returned by the Tribunal would lead to the conclusion that addition vis-a-vis interest und....