DCIT, New Delhi vs. M/S. Bokaro Power Supply Co. Ltd., New Delhi
In the result, appeal of the assessee is partly allowed whereas the appeal of the Revenue is dismissed
ITA 3692/DEL/2014[2010-11]Status: DisposedITAT Delhi31 Oct 2017AY 2010-11
Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2010-11 Vs. Dcit, Circle -3(1), New Delhi M/S. Bokaro Power Supply Co. Ltd., Ispat Bhavan, Lodhi Road, New Delhi Pan : Aabcb8976G (Appellant) (Respondent) & Assessment Year: 2010-11 Vs. M/S. Bokaro Power Supply Co. Dcit, Circle -3(1), New Delhi Ltd., 4Th Floor, Ispat Bhavan, Lodhi Road, New Delhi Pan : Aabcb8976G (Appellant) (Respondent) Assessee By Sh. M.P. Rastogi, Adv. & Sh. Anil Sharma, Agm Respondent By Sh. Sandip Kumar Mishra, Sr.Dr Date Of Hearing 11.10.2017 Date Of Pronouncement 31.10.2017 Order Per O.P. Kant, A.M.:
Section 143(2)Section 143(3)Section 43B
…d of excise duty along with interest due to an order of the court such interest could not be treated as statutory liability & therefore, does not partake the character of tax, cess, duty or fee as covered by u/s 43B as held in CIT Vs. Dinesh Mills Ltd. (2008) 302 ITR 164 (Guj). is raised due to non applicability of the provisions of Section 43B. However, the Hon’ble Rajasthan High Court in Shreepipes Vs. CIT(2007) 162 Taxman 442 (Raj) has held that interest payable to Sales Tax determined is tax i.e. interest accrued on delayed payments of Sales Tax under the Rajasthan Sales Tax Act, 1954, is part of tax within t…
