Commissioner of Income Tax vs R.D. Ramnath Company

The revenue is aggrieved by an order dated 9-6-2005 passed by the income tax Appellate Tribunal, Delhi Bench "D" in ITA Nos. 4125 to 4128/Delhi/2004 relevant for the assessment years 1978-79, 1982-83, 1983-84 and 1984-85. The only issue that had arisen for consideration of the Tribunal was whether the assessee was entitled to interest u/s 244(1A) of the income tax Act in respect of payment made by the assessee u/s 220(2) of the Act.

The Tribunal has noted in paragraph 11 of the order that the issue is no longer res integra in view of the decision of this Court in Modipon Ltd. Vs. Commissioner of Income Tax, .

In the said decision, this Court has relied upon an earlier decision of the Gujarat High Court in Commissioner of Income Tax Vs. Gujarat State Warehousing Corporation, .

The Gujarat High Court in turn relied upon several decisions rendered by various High Courts including the Madras High Court, Madhya Pradesh High Court and Kerala High Court. We do not see any reason to take a different view and, therefore, are of the opinion that no substantial question of law arises for our consideration. Dismissed.