2009 (3) TMI 525 - HC - Income Tax

Advance Tax Interest - The judgment of Karnataka High Court in Kwality Biscuits Ltd vs. CIT 2008 -TMI - 15292 - KARNATAKA High Court was taken in appeal before the Supreme Court by way of special leave petition. The appeal were heard meaning thereby the leave was granted and the appeal were dismissed. The dismissal of the appeal by the Supreme Court in the case of CIT v Kwality Buscits Ltd. Would amount to confirmation of the law as held by the Karnataka High Court. Held that- the Tribunal was correct in law in directing the Assessing Officer to delete the amount charged as interest under section 234B and 234C on the minimum alternate tax levied under section 115J of the book profit.

Summary

Issues:
1. Interpretation of provisions under sections 234B and 234C of the Income-tax Act.
2. Applicability of other provisions of the Act in the computation of payment of advance tax under section 115JB.
3. Conflict between judgments of different High Courts and the Supreme Court on the same legal issue.

Analysis:
1. The main issue in this case revolved around the interpretation of provisions under sections 234B and 234C of the Income-tax Act. The Revenue challenged the Tribunal's order directing the Assessing Officer to delete the interest amount charged under these sections on the minimum alternate tax levied under section 115JB. The court referred to previous judgments, including CIT v. Kotak Mahindra Finance Ltd., to analyze the applicability of interest provisions in such cases.

2. Another issue raised was the applicability of other provisions of the Act in the computation of payment of advance tax under section 115JB. The court noted that section 115JA(4) and section 115JB(5) specifically provided for the applicability of other provisions, including sections 234B and 234C. The court referred to the Snowcem India Ltd. case and the judgment in Kotak Mahindra Finance Ltd. to support its decision.

3. The court also addressed the conflict between judgments of different High Courts and the Supreme Court on the same legal issue. It highlighted the differing views taken by the Karnataka High Court and the Bombay High Court in previous cases. The court noted that the Supreme Court's dismissal of the appeal in the Kwality Biscuits case confirmed the law as held by the Karnataka High Court, influencing the decision in the present case.

4. The learned counsel for the Revenue attempted to draw attention to the judgment of the Supreme Court in CIT v. Xpro India Ltd., but the court found no merit in the questions raised based on the Snowcem judgment. Ultimately, the court dismissed the appeal, acknowledging the valuable assistance provided by the amicus curiae in the case.

This detailed analysis of the judgment showcases the court's thorough examination of the legal issues involved, including the interpretation of relevant provisions, the applicability of other statutory provisions, and the impact of conflicting judgments on the final decision.