1999 PLP 939 (PTD)
COMMISSIONER OF INCOME-TAX Versus AMALGAMATIONS LTD.
| Citation | 1999 PLP 939 (PTD) |
| Forum / Court | 232 I T R 318 |
| Bench Members | S. C. Sen and S. P. Kurdukar, JJ |
| Parties | COMMISSIONER OF INCOME-TAX Versus AMALGAMATIONS LTD. |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1999 PLP 939 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 939 (PTD)?
The case was heard and decided by the 232 I T R 318 bench comprising: S. C. Sen and S. P. Kurdukar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 939 (PTD) (COMMISSIONER OF INCOME-TAX Versus AMALGAMATIONS LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ranvir Chandra, Senior Advocate (B.K. Prasad and S. Rajappa, Advocates with him) for Appellant.
- T.A. Ramachandran, Senior Advocate (Mrs. Janaki Ramachandran, Advocate with him) for Respondent.
Headnotes / Summary
(Appeal from the judgment and order, dated August 12, 1986 of the Madras High Court in T.C.P. No.302 of 1985).
Original assessments set aside and assessments completed afresh
Assessee entitled to interest only up to date of original assessment
Indian Income Tax Act, 1961, S.214. Against the refusal of the High Court to refer the question whether the assessee was entitled to interest under section 214 of the Income Tax Act, 1961, from April 1, 1970 to August 31, 1978 the date of completion of the set aside assessment, even though the regular assessment was made on December 28, 1970, in the assessee's case, the Department filed petitions for special leave to appeal to the Supreme Court. The Supreme Court granted leave, treated the question as referred to it and answered it against the assessee and in favour of the Department. Modi Industries Ltd. v. CIT (1995) 216 ITR 759 (SC) fol.
Judgment & Decree
Leave granted. The question raised before the High Court for reference was "whether, on the facts and the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to interest under section 214 from April 1, 1970 to August 31, 1978, the date of the completion of the set aside assessment even though the regular assessment was made on December 28, 1970, in the assessee's case". There was a sharp difference of opinion among the High Courts as to the interpretation of section
214. It is very surprising that the High Court did not think that this was a question of law which should be gone into and decided by the High Court itself. In any event the controversy now stands concluded by the decision of this Court in the case of Modi Industries Ltd. v. CIT (1995) 216 ITR
759. Therefore, we do not propose to send the case back to the High Court for examining the issue. We treat the question as to have been referred before this Court and we answer the question in the negative and in favour of the Revenue. The appeal is allowed. No order as to costs. M.B.A./1872/FC/ Appeal allowed.