2008 (5) TMI 145 - HC - Income Tax

Whether ITAT is right in holding that assessment of interest cannot be made until the matter is finally settled by the High Court - Impugned question is squarely covered against the revenue by the opinion recorded by this court in the judgment of case of Commissioner of Income Tax Faridabad v. Shri Hardwari Lal hence revenue appeal is dismissed order of tribunal is justified

Summary

Issues:
- Condonation of delay in re-filing the appeal
- Interpretation of Section 260A of the Income-tax Act, 1961
- Assessment of interest pending final settlement by the High Court
- Comparison of judgments between different cases

Condonation of Delay in Re-filing the Appeal:
The court addressed the issue of condonation of delay in re-filing the appeal, which was sought for 65 days. The delay was condoned based on the reasons mentioned in the application, and the case was disposed of accordingly.

Interpretation of Section 260A of the Income-tax Act, 1961:
The revenue filed an appeal under Section 260A of the Income-tax Act, 1961 against an order passed by the Income-Tax Appellate Tribunal. The substantial question of law raised was whether the assessment of interest can be made before the matter is finally settled by the High Court. The court referred to previous judgments and legal provisions to determine the correct interpretation of the law in this context.

Assessment of Interest Pending Final Settlement by the High Court:
The court considered the issue of assessing interest pending final settlement by the High Court. It compared the judgment of the ITAT with the judgment of the jurisdictional High Court of Punjab & Haryana and the Apex Court. The court analyzed the applicability of these judgments in the current case and made a decision based on the legal principles established in previous cases.

Comparison of Judgments Between Different Cases:
During the proceedings, the counsel for the appellant failed to distinguish the view taken by the court in a previous case. The court noted that the question of law framed in the present case was already decided against the revenue in a previous judgment. Consequently, the court dismissed the appeal based on the precedent set by the earlier case.