CESC Limited, Kolkata V. DCIT, Circle - 6, Kolkata, Kolkata

ITA 235/KOL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9260 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 04-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P C NAYAK
• Assessee Lawyers: SUBHASIS DE
• Section: 234B; 115JB

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH-A: KO LKATA ( ) . . , , . . , ,) [BEFORE HONBLE SHRI B.R. MITTAL, J.M. & HONBLE SH RI C.D. RAO, A.M] ! ! ! ! /I.T.A. NO. 235/KOL./2010 '# '# '# '# $% $% $% $% /ASSESSMENT YEAR : 2006-2007 CESC LIMITED, KOLKATA -VS.- DEPUTY COMMISSIONER OF INCOME TAX, (PAN : AABCC 2903 N) CIRCLE-6, KOLKATA (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUBHASIS DE, A.R. RESPONDENT BY : SHRI P.C. NAYAK, D.R. & & & & /O R D E R PER SHRI B. R. MITTAL, JUDICIAL MEMBER / . . , : THE ASSESSEE HAS FILED THIS APPEAL FOR THE ASSESSM ENT YEAR 2006-07 AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-VI, KOLKAT A DATED 26.11.2009 DISPUTING THE LEVY OF INTEREST UNDER SECTION 234C OF THE INCOME TAX ACT. 2. AT THE TIME OF HEARING, THE LD. AUTHORIZED REPR ESENTATIVE OF THE ASSESSEE CONCEDED THAT THE ISSUE INVOLVED IN THIS APPEAL IS COVERED AGAINS T THE ASSESSEE BY THE DECISION OF THE HONBLE APEX COURT IN THE CASE OF JOINT COMMISSIONER OF INC OME TAX -VS.- ROLTA INDIA LIMITED [330 ITR 470], WHEREIN IT WAS HELD THAT THE ASSESSEE WAS BOUND TO PAY ADVANCE TAX UNDER SCHEME OF THE ACT. IT WAS FURTHER HELD THAT THERE IS NO EXCLU SION OF SECTION 115J/ 115JA IN THE LEVY OF INTEREST UNDER SECTION 234C OF THE ACT. THE HONBLE APEX COURT HAS DECIDED THE APPLICABILITY OF THE PROVISIONS OF SECTION 234B AFTER CONSIDERING ITS EARLIER ORDER IN THE CASE OF CIT VS.- KWALITY BISCUITS LIMITED [284 ITR 434 (SC)] AND ALS O THE DECISION OF THE HONBLE KARNATAKA HIGH COURT IN THE ABOVE CASE REPORTED AT 243 ITR 51 9. 3. SINCE THE ASSESSEE-COMPANY HAS BEEN ASSESSED TO TAX ON ITS BOOK PROFIT UNDER THE PROVISIONS OF SECTION 115JB OF THE ACT, THE LD. CIT (APPEALS) HAS DECIDED THE ISSUE TO LEVY ITA NO.235/KOL.2010 2 INTEREST, INTER ALIA, SECTION 234C OF THE ACT BY FO LLOWING THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS.- GEETA RAMA KRIS HNA MILLS (PVT.) LTD. [288 ITR 489] AND ALSO THE DECISION OF THE CASE OF HONBLE PUNJAB & HARIYANA HIGH COURT IN THE CASE OF CIT VS.- UPPER INDIA STEEL MANUFACTURING & ENG. COMPANY LIMITED [279 ITR 123]. 4. SINCE THE ISSUE IS NOW SQUARELY COVERED BY THE D ECISION OF THE HONBLE APEX COURT IN THE CASE OF ROLTA INDIA LIMITED (SUPRA), WE UPHOLD THE ORDER OF LD. CIT(APPEALS) AND REJECT THE GROUND OF APPEAL TAKEN BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17.03. 2011. SD/- SD/- [C. D. RAO ( . . )] [ B.R . MITTAL / . . ] ACCOUNTANT MEMBER/ JUDICIAL MEMBER/ ] DATED : 17 / 03/ 2011 COPY OF THE ORDER FORWARDED TO: 1. CESC LIMITED, CHOWRINGHEE SQUARE, KOLKATA-1. 2 DCIT, CIRCLE-6, KOLKATA, P-7, CHOWRINGHEE SQUARE, K OLKATA- 69. 3. CIT(A)- ,KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR I.T.A.T., KOLKATA. LAHA, SR. P.S.