Thursday 22 December 2011

DCIT Vs. Bharat Aluminium Company Ltd. - ITAT Delhi


This appeal filed by the Revenue on the  ground that learned CIT(A) erred on facts and in law in directing to delete the interest of Rs.2,24,28,120/- charged u/s 234C of the Income-tax Act on the account of deferred payment of advance tax ignoring the provisions Sec.115JB(5) of the Income-tax Act, which clearly implies that in a case where tax is payable under the special provisions of Income-tax Act (here MAT case), all provisions of the Income-tax Act shall apply to the assessee and hence the provisions of section 207 to 211 are applicable in the assessee’s case.

Neither at the time of processing of return or on the date of application u/s 154 of the Act and even at the time of  passing of impugned order, any contrary decision  in respect of levy of interest on  tax computed on book profits u/s 115JB of the Act was available nor  pointed by  the assessee before the lower authorities and even  before us, there was no such debatable issue as has been made out by the ld. CIT(A)  while referring to decisions rendered in the context of altogether  different  provision of sec. 115J of the Act, existed. In view of  specific provisions of Sec. 115JB(5) of the Act and in the light of view taken in the aforesaid decisions by  the  Hon’ble Apex Court in Rolta India Ltd.(supra) , Saurashtra Kutch Stock  Exchange Limited (supra) and by the Hon’ble Karnataka High Court in Jindal Thermal Power Co. Ltd. (supra), and   Sankala Polymers P  Ltd(supra) as also observations of the Hon’ble Madras High Court in Geetha Ramakrishna Mills P Ltd.(supra), the bench was of the opinion that the AO is perfectly justified in levying interest u/s 234C on tax determined on book profits calculated u/s 115JB of the Act and there was no such debatable issue as has been made out by the ld. CIT(A).

As a result the appeal was allowed in favour of Revenue. Date of order 09th December 2011.

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