Commissioner of Income-tax, Delhi-II v. M/s. Jyotsna Holdings (P) Ltd
[Citation -2016-LL-0308-108]

Citation 2016-LL-0308-108
Appellant Name Commissioner of Income-tax, Delhi-II
Respondent Name M/s. Jyotsna Holdings (P) Ltd.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 08/03/2016
Assessment Year 1987-88
Judgment View Judgment
Bot Summary: 1774/2006 COMMISSIONER OF INCOME TAX, DELHI-II Appellant(s) VERSUS M/S. JYOTSNA HOLDINGS LTD. Respondent(s) ORDER For the sake of convenience, we take note of the facts in respect of Assessment Year 1987-88 as similar factual situation appears in respect of all three Assessment Years viz. For the Assessment Year 1987-88, the respondent herein filed its return on the basis of self tax assessment made by the it and paid a sum of Rs.3,23,68,834/- on 12.09.1987. The Commissioner of Income Tax allowed 2 the appeal of the assessee against the order of the Assessing Officer by invoking the provisions of Section 244(1A) of the Income Tax Act and held that the interest is payable on the aforesaid amount. This order is upheld by the Income Tax Appellate Tribunal as well as by the High Court. We have gone through the impugned order and we do not find anything wrong with the impugned order. The amount in question, though found refundable to the assessee, was utilized by the Department and interest was payable under Section 244(1A) of the Income Tax Act. UPON hearing the counsel the Court made the following O R D E R The Civil Appeal is dismissed in terms of the signed order.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 1774/2006 COMMISSIONER OF INCOME TAX, DELHI-II Appellant(s) VERSUS M/S. JYOTSNA HOLDINGS (P) LTD. Respondent(s) ORDER For sake of convenience, we take note of facts in respect of Assessment Year 1987-88 as similar factual situation appears in respect of all three Assessment Years viz. 1985-86, 1986-87 and 1987-88. For Assessment Year 1987-88, respondent herein filed its return on basis of self tax assessment made by it and paid sum of Rs.3,23,68,834/- on 12.09.1987. assessment was made under Section 143(3)by Assessing Authority as per which amount of Rs. 2,03,29,841/- was found refundable to respondent/assessee. Instead of immediate refund of this amount, Assessing Authority ordered that same would be adjusted against demand for year 1986-87. It was ultimately adjusted on 25.07.1991. question that arose, in these circumstances, was as to whether assessee would be entitled to interest on aforesaid amount which was kept by Signature Not Verified Revenue for period from 28.03.1988 to 25.07.1991. assessee Digitally signed by ASHWANI KUMAR Date: 2016.03.12 11:45:15 IST Reason: claimed interest, which request was rejected by Assessing Officer. However, Commissioner of Income Tax (Appeals) allowed 2 appeal of assessee against order of Assessing Officer by invoking provisions of Section 244(1A) of Income Tax Act and held that interest is payable on aforesaid amount. This order is upheld by Income Tax Appellate Tribunal as well as by High Court. We have gone through impugned order and we do not find anything wrong with impugned order. amount in question, though found refundable to assessee, was utilized by Department and, therefore, interest was payable under Section 244(1A) of Income Tax Act. This appeal is, thus, without any merit and is, accordingly, dismissed. ......................J. [A.K. SIKRI] ......................J. [ROHINTON FALI NARIMAN] NEW DELHI; MARCH 08, 2016 3 ITEM NO.313 COURT NO.12 SECTION IIIA S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS Civil Appeal No(s). 1774/2006 COMMISSIONER OF INCOME TAX, DELHI-II Appellant(s) VERSUS M/S. JYOTSNA HOLDINGS (P) LTD. Respondent(s) Date : 08/03/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Ms. Liz Methew, Adv. Mr. Ashok Kr. Panigria, Adv. Mr. B. V. Balaram Das,Adv. For Respondent(s) Mr. Ajay Vora, Sr. Adv. Ms. Kavita Jha, Adv. Mr. Bhargava V. Desai,Adv. Ms. Saumya Mehrotra, Adv. Mr. Prakash Kumar, Adv. Ms. Bhavita, Adv. UPON hearing counsel Court made following O R D E R Civil Appeal is dismissed in terms of signed order. Interlocutory Application(s) pending, if any, shall stand disposed of accordingly. (Ashwani Thakur) (Tapan Kr. Chakraborty) COURT MASTER COURT MASTER (Signed order is placed on file) Commissioner of Income-tax, Delhi-II v. M/s. Jyotsna Holdings (P) Ltd
Report Error