Punjab-Haryana High Court
Talbro Forgings vs Commissioner Of Income Tax on 27 May, 2011
Author: Rajesh Bindal
Bench: Adarsh Kumar Goel, Rajesh Bindal
ITA No. 137 and 138 of 2011 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
ITA Nos. 137 and 138 of 2011 (O&M)
Date of decision: 27.5.2011
Talbro Forgings ....Appellant
vs
Commissioner of Income Tax, Jalandhar (Punjab) ...Respondent
Coram: Hon'ble Mr. Justice Adarsh Kumar Goel
Acting Chief Justice
Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Pankaj Jain, Advocate for the appellant.
Rajesh Bindal, J.
This order will dispose of ITA Nos. 137 and 138 of 2011, as it is stated that questions involved in both the appeals are same.
The appeals have been preferred by the assessee under Section 260A of the Income Tax Act, 1961, for the assessment year 2003-04, against the order of the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, in ITA No. 73/Asr/2009 and ITA No. 72/Asr/2009 dated 25.9.2009 received on 7.10.2009, raising the following substantial questions of law:-
"(a) Whether on the true and correct interpretation of the provisions of section 80HHC r.w. 80IA (9) r.w. 80IB (13) the Tribunal has erred in restricting the claim of deductions under the Act?
(b) Whether interest u/s 234B is mandatory in nature and levy of the said is permissible on the income the taxability of which is under dispute and which could not be anticipated prior in time?
ITA No. 137 and 138 of 2011 (2) We have heard learned counsel for the appellant on merits.
Learned counsel for the assessee fairly states that both the questions are covered against the assessee by order dated 20.5.2011 passed by this court in ITA No. 121 of 2011 Vishal Tools & Forgings Private Limited vs Commissioner of Income Tax, Jalandhar (Punjab).
In view of the above, the appeals are dismissed.
A copy of this order be placed on the file of ITA No. 138 of 2011.
(Rajesh Bindal)
Judge
27.5.2011 (Adarsh Kumar Goel)
vs Judge