PR. CIT-3 vs. EASTERN POWERTECH LTD. EARLIER KNOW AS DLF POWER LTD.
What did the High Court hold?
The High Court held that the ITAT's decision was justified and no substantial question of law arose. The court noted that other High Courts had also ruled out the applicability of Section 234B in similar situations.
What were the facts?
The revenue sought to apply Section 234B for interest on additions made due to a retrospective amendment that included various items in computing book profit. The assessee contended that Section 234B was not applicable in such circumstances.
What were the issues?
The applicability of Section 234B for interest on additions made to book profit due to a retrospective amendment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. JSW Energy Limited42 citing379 ITR 36 · 2015 · HC
- Emami Ltd. v. CIT32 citing200 Taxmann 326 · 2011 · HC
- CIT v. Jupiter Bio-Science Ltd.9 citing352 ITR 113 · 2013
$~18,19 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI
ITA 663/2016, CM Nos. 31877-31878/2016
PR. CIT -3
..... Appellant Through: Mr. P. Roychaudhry, Sr. Standing Counsel along with Ms. Vibhooti Malhotra, Jr. Standing Counsel.
versus EASTERN INDIA POWER LTD ( EARLIER KNOWN AS DLF POWER LTD.)
..... Respondent Through: Ms. Kavita Jha, Advocate along with Mr. Bhuwan Dhupar, Advocate.
And + ITA 664/2016, CM Nos. 31879-31880/2016
PR. CIT-3
..... Appellant Through: Mr. P. Roychaudhry, Sr. Standing Counsel along with Ms. Vibhooti Malhotra, Jr. Standing Counsel.
versus EASTERN POWERTECH LTD. EARLIER KNOW AS DLF POWER LTD.
..... Respondent Through: Ms. Kavita Jha, Advocate along with Mr. Bhuwan Dhupar, Advocate.
And + ITA 667/2016, CM Nos. 31884-31885/2016
PR CIT -3
..... Appellant Through: Mr. P. Roychaudhry, Sr. Standing Counsel along with Ms. Vibhooti Malhotra, Jr. Standing Counsel.
versus EASTERN INDIA POWERTECH LTD (EARLIER KNOWN AS DLF POWER LTD.
..... Respondent Through: Ms. Kavita Jha, Advocate along with Mr. Bhuwan Dhupar, Advocate.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R %
02.09.2016
The question of law sought to be urged in these appeals is as to the applicability of Section 234B, in regard to the additions made, pursuant to the retrospective amendment (brought into force by Finance Act 2009 with retrospective effect from 01.04.2001), by inclusion of various items in computing book profit. On the basis of the retrospective amendment, the revenue sought to apply Section 234B of the Income Tax Act for recovery of the interest upon the amount being payable. It was brought to the notice of the Court that the applicability of Section 234B in these very circumstances has been ruled out by three other High Courts i.e. Bombay High Court [Commissioner of Income-tax, Mumbai vs. JSW Energy Ltd. (2015) 379 ITR 36], Calcutta High Court [Emami Ltd. vs. CIT (2011) 337 ITR 470/200 Taxmann 326/12 taxxmann.com 64(Cal.)] and Karnataka High Court [Commissioner of Income Tax vs. Jupiter Bio Science Ltd. (2013) 352 ITR 113].
This court is of the opinion that the decision of the ITAT, in the circumstances, was justified and therefore no question of law arises.
The appeal is therefore dismissed.
S. RAVINDRA BHAT, J
DEEPA SHARMA, J SEPTEMBER 02, 2016/sapna
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- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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