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Petitioner: COMMISSIONER OF INCOME-TAX VS Respondent: AMALGAMATIONS LTD
Court Name: Supreme Court of India Judge(s): S.C. Sen, I. S. C. Sen, S. P. Kurdukar Title: COMMISSIONER OF INCOME-TAX vs AMALGAMATIONS LTD Case No.: Civil Appeal No, 4683 of 1997 and S.L.P. (Civil) No, 14332 of 1986 Date of Judgment:1997-07-15 Reported As: 1999 PTD 939 Result: Appeal allowed
Judgment ORDER Leave granted. The question raised before the High Court for reference was "whether, on the facts and the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to interest under section 214 from April 1, 1970 to August 31, 1978, the date of the completion of the set aside assessm ent even though the regular assessment was made on December 28, 1970, in the assessee's case". There was a sharp difference of opinion among the High Courts as to the interpretation of section 214. It is very surprising that the High Court did not think that this was a question of law which should be gone into and decided by the High Court itself. In any event the controversy now stands concluded by the decision of this Court in the case of Modi Industries Ltd. v. CIT (1995) 216 ITR 759. Therefore, we do not propose to send the case back to the High Court for examining the issue. We treat the question as to have been referred before this Court and we answer the question in the negative and in favour of the Revenue. The appeal is allowed. No order as to costs.
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