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Commissioner Of Income-Tax vs Western India State Motors on 13 October, 1992

6.8 The subsequent decision of the Rajasthan High Court again in the case of CIT v. Western Indian State Motors, cited supra relied upon by the assessee is also to the same effect. It has also referred to the Apex Court decision in the case of Mahalakshmi Sugar Mills, cited supra, besides the Rajasthan High Court decision in the case of that very assessee 167 ITR 395.
Rajasthan High Court - Jaipur Cites 5 - Cited by 9 - Full Document

Mewar Motors vs Deputy Commissioner Of Income Tax. on 30 April, 1996

6.11 As may be seen from the foregoing discussion, there appears at the most some divergence of judicial opinion on the nature of interest levied on the delayed payment of sales tax liability, which is akin to repayment of sales tax loan in the instant case. While the only decision of the Rajasthan High Court in the case of Mewar Motors v. CIT, cited supra, relied upon by the lower authorities in the orders impugned herein as well as by the learned Departmental Representative before me, is in favour of the Revenue, in all other cases discussed above, out of which we have noted four decisions rendered by the Rajasthan High Court itself, including two of them cited by the assessee only, which decided the issue in favour of the assessee.
Income Tax Appellate Tribunal - Jaipur Cites 17 - Cited by 2 - Full Document

Mahalaxmi Sugar Mills Co. Ltd vs Commissioner Of Income-Tax, Delhi, New ... on 9 April, 1980

6.10 Further, Hon'ble Calcutta High Court, in the case of CIT v. Orient Beverages Ltd., cited supra, considering the nature of interest payable for outstanding municipal taxes and allowability of deduction in respect thereof, applying the ratio of the decisions of the Apex Court in Mahalakshmi Sugar Mills Co. v. CIT, cited supra and of the Calcutta High Court in Russel Properties (P)Ltd. v. CIT 137 ITR 358, held that interest payable for arrears of municipal taxes is really compensatory in nature and not a penalty or tax.
Supreme Court of India Cites 22 - Cited by 195 - R S Pathak - Full Document

Commissioner Of Income-Tax vs Orient Beverages Ltd. on 22 June, 2000

6.10 Further, Hon'ble Calcutta High Court, in the case of CIT v. Orient Beverages Ltd., cited supra, considering the nature of interest payable for outstanding municipal taxes and allowability of deduction in respect thereof, applying the ratio of the decisions of the Apex Court in Mahalakshmi Sugar Mills Co. v. CIT, cited supra and of the Calcutta High Court in Russel Properties (P)Ltd. v. CIT 137 ITR 358, held that interest payable for arrears of municipal taxes is really compensatory in nature and not a penalty or tax.
Calcutta High Court Cites 20 - Cited by 4 - Full Document

Commissioner Of Income-Tax vs Pheros And Co. (P.) Ltd. on 20 January, 1989

6.9 Similarly, in the case of CIT v. Pheros and Co. (P) Ltd., cited supra, Gauhati High Court, considering allowability of interest paid for delay in payment of sales tax under Section 37(1) of the Act, following the decision of the Apex Court in the case of Mahalakshmi Sugar Mills Co. v. CIT, cited supra, held that where interest is levied on account of deprivation of the benefit of the tax for the period during which it has remained unpaid, the same is compensatory in nature, and is not imposed by way of penalty.
Gauhati High Court Cites 7 - Cited by 3 - B L Hansaria - Full Document
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