Kerala High Court
The Commissioner Of Income Tax vs The Settlement Commission (It & Wp) on 25 November, 2011
Author: B.P.Ray
Bench: B.P.Ray
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
FRIDAY, THE 3RD DAY OF FEBRUARY 2012/14TH MAGHA 1933
WPC.No. 26583 of 2003 (M)
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PETITIONER(S):
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THE COMMISSIONER OF INCOME TAX,
CALICUT.
BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES)
SRI.GEORGE K. GEORGE, SC FOR IT
RESPONDENT(S):
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1. THE SETTLEMENT COMMISSION (IT & WP)
ADDITIONAL BENCH, 488-489,ANNASALAI
CHENNAI., (THE 1ST RESPONDENT IS DELETED FROM THE
PARTY ARRAY AS PER ORDER DATED 25.11.2011
IN WP(C)NO.26583/2003)
2. SHRI.DR.M.ASSAN KOYA,
M/S.KOYA'S HOSPITAL, FEROKE.
R,R2 BY SRI.K.A.SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
B.P.RAY, J
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W.P.(C).No. 26583 OF 2003
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Dated 3rd February, 2012
J U D G M E N T
Heard learned counsel for petitioner. Learned standing counsel for Income Tax Department submitted that the case is covered by judgment of the apex court reported in 2003 (vol 259) ITR 449 Commissioner of Income-Tax Vs. Hindustan Bulk Carriers.
2. Following the aforesaid decision, I set aside Ext.P4 and Ext.P5 orders dated 19.4.2000 and 12.7.2002 so far as it limit/reduce the period for levy of interest under section 234B.
Settlement commission is directed to pass an order pertaining to the terminal point for levy of interest under section 234B after giving notice to the parties.
Writ petition is allowed. No cost.
Sd/-
B.P. RAY, JUDGE.
Sou.
// True copy // P.A. To Judge