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TMI Blog2017 (9) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... 34B and 234C of the Act when the total income was determined under section 115J of the Act. - Decided against the Revenue and in favour of the assessee. - Tax Appeal No. 31 of 2003 - - - Dated:- 11-9-2017 - MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Appellant : Mrs Mauna M Bhatt, Advocate For The Opponent : Mr Nitin Mehta, Advocate ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. The appeal was admitted for consideration of the following substantial question of law : Whether the Income Tax Appellate Tribunal has not substantially erred in law in holding that interest under sections 234B and 234C is not chargeable if the total income is assessed to tax under section 115J of the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kwality Biscuits Ltd. (supra) and has held that interest could not be charged under sections 234B and 234C of the Act when the total income was determined under section 115J of the Act. It was, accordingly, submitted that the court may pass such order as it deems fit in the facts and circumstances of the case. 9. In the light of the facts and submissions noted hereinabove, it is evident that the earlier exparte judgment and order dated 24.06.2011 had been made by this court on an erroneous impression that the controversy involved in this case stands concluded by the decision of the Supreme Court in the case of Rolta India Limited (supra). A perusal of the decision of the Supreme Court in the case of Rolta India Limited (supra) m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34B and 234C of the Act shall be payable on failure to pay advance tax in respect of tax payable under those sections. Apparently therefore, the judgment and order dated 24.06.2011 made by this court in Tax Appeal No.31 of 2003 has been rendered on a misreading of the decision of the Supreme Court in the case of Rolta India Limited (supra). Moreover, this court in the case of Farmson Pharmaceuticals Guj. Ltd (supra) has followed the decision of the Karnataka High Court in Kwality Biscuits Ltd. (supra) as affirmed by the Supreme Court and has held that interest cannot be charged under section 234B and 234C of the Act where the total income is determined under sec 115J of the Act. The said decision has been rendered on 07.04.2011, that is, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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