3SCC 682 (SC), CIT v. Thana Electricity Supply Ltd.

Jyoti H. Mehta, Mumbai vs. Asst CIT Cen Cir 23, Mumbai

In the result, appeal by assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 2475/मुं/ 2015 ("न.व. 2009-10) Jyoti H. Mehta, 32, Madhuli, Dr. A.B.Road, Worli, Mumbai 400 018 Pan:Abnpm-8233-B ...... अपीलाथ" /Appellant बनाम Vs. Astt. Commissioner Of Income-Tax, Central Circle -23.[Now Acit-Cc-4(1)] Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Dharmesh Shah & Ms. Mitali Gopani ""तवाद" "वारा/Respondent By : Shri Rajesh Damor(Cit-Dr)

…ct’] The ld. Authorized Representative of the assessee fairly admitted that his issue has been decided against the assessee by Hon'ble Bombay High Court in the case of CIT vs. Divine Holdings Pvt. Ltd. 2 ITR-OL 558(Bom) and CIT vs. Cascade Holdings Pvt. Ltd., 365 ITR 84 (Bom). 7. In ground No.5 of appeal, the assessee has assailed charging of interest u/s. 234B and 234C of the Act in respect of the income which was subject to TDS. The ld. Authorized Representative of the assessee submitted that this issue has already been considered by the Tribunal in assessee's own case in assessment year 2010-11. The ground of…