2024 (10) TMI 756

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....ppellant (By Sri. A Shankar, Sr. Adv. for Sri M Lava, Adv.) For the Respondent (By Smt. E.I. Sanmathi, Adv.). ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT) Heard learned senior counsel Sri. A. Shankar for learned counsel Sri. M. Lava for the appellant and learned counsel Sri. E.I. Sanmathi for respondent-revenue. 2. The above appeal was admitted on 26.07.2017 to examine the....

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....red in the return, disallowance of a sum of Rs. 97,53,719/- under Section 40A (3) of the Act in respect of earth-filling/project development expenses, disallowance of a sum of Rs. 2,20,55,987/- in respect of the interest paid, disallowance of a round-sum of Rs. 5,00,000/- in respect of expenses supported by self-made vouchers and levying interest under sections 234B and 234C on the facts and circu....

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....e parties would submit that none of the substantial questions of law raised would arise for consideration in the present circumstances as the subject matter of the appeal needs to be remanded to the First Appellate Authority i.e., Commissioner of Income-Tax in view of the fact that the appellant has deposited admitted tax, during the pendency of this appeal. 4. Learned senior counsel Sri. A. Sh....

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....ails in appeal before the First Appellate Authority, the appellant is bound to pay interest from the date of the order till it is deposited. Therefore, he submits that compensating Revenue at this stage would not arise. 7. We have carefully considered the submissions of the learned counsel appearing for the parties. 8. The substantial questions of law on which, the appeal was admitted would ....