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TMI Blog2019 (9) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... The revenue has filed the present ITA No. 336 of 2015 under section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 30-9-2014 (Annexure A-III) passed by the Income Tax Appellate Tribunal, Delhi Bench, New Delhi (hereinafter referred to as "the Tribunal") in ITA No. 2618/Del/2008 for Assessment Year 2005- 2006, claiming the following substantial questions of law:- 1. "Whether, on the facts and in circumstances of the case and in law, the Hon'ble ITAT was right in law in dismissing appeal of the Revenue observing that ' in view of categorical finding of the Supreme Court we hold that the CIT(A) was correct in holding that advance against depreciation cannot be added under the computation of the normal income', ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sregarding the fact that later on, the CERC actually approved the tariff rates which were different from the rates proposed by the assessee and the quantification of adjustment of tariff was evidently not an ascertained liability during the year under consideration?" 5. "Whether, on the facts and in circumstances of the case and in law, the Hon'ble ITAT was right in law in deleting disallowance of Rs. 26,94,93,951/- made by the Assessing Officer in computing the book-profit u/s 115JB on a/c of provisions made for gratuity, leave encashment, post retirement medical benefits, LTC, Baggage allowance and Matching Contribution on Leave Encashment even when the assessee has failed to establish these provisions to be of ascertained in nature?" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the parties that questions No. 1, 2, 5, 6 & 7 are covered against the appellant-revenue by an order and judgment dated 28-2-2018 in the assessee's case in ITA No. 136 of 2015. Accordingly, these questions are decided against the appellant-revenue in terms of order and judgment dated 28-2-2018 in ITA No. 136 of 2015. Re: Questions No. 3 & 4. 4. It is also agreed by the learned counsel for the parties that questions No. 3 & 4 are covered against the appellant-revenue by an order and judgment dated 21-3-2018 in the assessee's case in ITA No. 356 of 2015. Accordingly, these questions are decided against the appellantrevenue in terms of order and judgment dated 21-3-2018 in ITA No. 356 of 2015. Re: Question No. 8. 5. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, interest is payable under these provisions, the amount paid shall first be adjusted towards such interest. Accordingly, interest cannot be computed on the date when amount has been paid after 1st April but before filing of return. 8. The question of law that arises is whether the Assessing Officer was correct in computing interest on the date of payment of taxes by the assessee and adjusting the amount so paid towards interest. The provision of Section 140A of the Act in this respect are unambiguous. For the clarity the relevant provisions of Section 140A are reproduced here under:- "..140A. (1) Where any tax is payable on the basis of any return required to be furnished undersection 139orsection 142 or section 148 or section 153A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is subject to such deduction or collection and which is taken into account in computing such total income. Xx xx ..... X X X X Extracts X X X X X X X X Extracts X X X X
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