COMMISSIONER OF INCOME TAX Vs. KAVERI TELECOMS LTD

JUDGEMENT

(1.) This appeal is filed by the Revenue being aggrieved by the order passed by the Income Tax Appellate Tribunal, Bangalore Bench 'B' in ITA No. 1416/Bang/2003, dated 15-9-2005.

(2.) This appeal was admitted on 26-7-2007 to consider the substantial question of law framed in ITA No.800/2006. We find that ITA No.800/2006 was dismissed at the stage of admission on 31-1-2011 and is not connected with this case. Therefore, this appeal is deemed to have been admitted on the substantial questions of law framed in the appeal memo which reads as follows:

(3.) The learned counsel appearing for the appellant submitted that the above said substantial questions of law have been answered in favour of the Revenue by the Hon'ble Supreme Court in Joint CIT v. Rolta India Ltd, 2011 330 ITR 470 taxmann.com 36 wherein after considering the provisions of sections 115J, 115JA and 234B & 234C of the Act, the Hon'ble Supreme Court has held that in view of the specific provisions under sections 115JA and 115JB of the Act to the effect that all other provisions of the Act shall apply to the MAT Company and amendments have been made in the relevant Finance Acts for payment of advance tax under sections 115JA and 115JB of the Act and section 234B applies to all companies and there is no exclusion of section 115J /115JA in the levy of interest under section 234B of the Act.