Calcutta High Court
Commissioner Of Income Tax vs Coal India Ltd on 19 November, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
1
ITA No. 776 of 2008
G.A.No.3378 of 2008
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction(Income Tax)
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-II Plaintiff/Petitioner/Applicant
Versus
COAL INDIA LTD Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE TAPAS KUMAR GIRI Date : 19th November, 2008.
The Court : We are satisfied with the grounds made in the petition for condonation of delay. Hence, the delay in filing the application is condoned and we allow the application being G.A.No. 3378 of 2008. G.A.No. 3378 of 2008 is thus disposed of.
We now take up the appeal. The only question tried to be urged before us by Mr. Dhandania, learned Advocate appearing in support of the appeal is, whether the interest can be charged under section 234D of the Income Tax Act, 1961 with effect from 1.6.2003 when the same came into force with effect from 1.6.2003 and the assessment year is 2002-03, and whether the said section can be applicable to the respondent Coal India Ltd.
We have perused the order passed by the Tribunal. We have found that the Tribunal has extensively dealt with the matter and has correctly assessed the facts and law in the matter and came to the conclusion that the interest cannot be charged under section 234D of the said Act and could not be given effect to retrospectively since the amendment came into force on 1st June, 2003 and therefore cannot be applicable in rewpect of the assessment year 2001-02.2
We do not find any reason to interfere with the order so passed by the learned Tribunal and the order so passed by the learned Tribunal does not suffer from any illegality or irregularity. In our considered opinion, we do not find that any substantial question of law is involved in this appeal. Hence, the appeal being ITA No. 776 of 2008 is dismissed. Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (TAPAS KUMAR GIRI, J.) kc