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TMI Blog2019 (9) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing for the parties to examine the law on this issue and to bring to our attention any decision contrary to the view taken by the Supreme Court in Mahalaxmi Sugar Mills [ 1980 (4) TMI 1 - SUPREME COURT] and other High Courts decisions. We are now informed by Counsel for both sides that there are no decisions contrary to the view taken by the Hon ble Supreme Court in Mahalaxmi Sugar Mills (supra) and the various High Court decisions referred to in the impugned order of the Tribunal. All this effort and time would have been saved if the Tribunal had made specific reference to contrary decisions or not stated so in the absence of referring to the citations. Therefore, we would request the Tribunal to be specific about the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the fact that such interest was not allowable u/s. 43B of the I.T. Act as the same did not form part of Tax Duty Cess or Fees as stipulated u/s. 43B of the I.T. Act? 3 The impugned order of the Tribunal allowed the Respondent-Assessee s appeal by holding that the Respondent is entitled to claim expenditure in respect of interest paid on delayed payment of customs duty under Section 37 of the Act. This by placing reliance upon the decision of Supreme Court in Mahalxmi Sugar Mills Co., v/s. CIT 123 ITR 429. The impugned order dated 17th May, 2016 also placed reliance upon Section 43B of the Act and held that even under the above provision, the Respondent would be entitled to claim the expenditure. In spite of having so hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for both sides that there are no decisions contrary to the view taken by the Hon ble Supreme Court in Mahalaxmi Sugar Mills (supra) and the various High Court decisions referred to in the impugned order of the Tribunal. All this effort and time would have been saved if the Tribunal had made specific reference to contrary decisions or not stated so in the absence of referring to the citations. Therefore, we would request the Tribunal to be specific about the decisions and make a mention of the citation in the order and not make general observations as in this case. (c) Thus this Question does not give rise to any substantial question of law as it follows the decisions of the Apex Court in Mahalaxmi Sugar Mills (supra). Thus no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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