CIT Vs. BPL ENGINEERING LTD.

JUDGEMENT

(1.) THIS appeal is preferred by the revenue challenging the order passed by the Tribunal which held though the income is computed under Section 115JA, the provision of Section 115J or 115JA are not materially different. Sub -section (4) of Section 115JA no doubt mentions that other provisions of the Act are also applicable. However, the same were applicable when income was computed under Section 115J itself. Though the income is computed under Section 115JA interest under, Section 234B and 234C are not chargeable and accordingly the appeal of the revenue was dismissed. Aggrieved by the said order, the revenue has preferred this appeal. This appeal was admitted on 21.2.2006 to consider the following substantial questions of law: -

(2.) WHETHER the Tribunal was correct in taking into consideration irrelevant circumstances like "bona fides of the assessee", "whether the default was committed deliberately", in failing to pay advance tax under Section 208 of the Act when Section 234B interest is levied automatically as there is no discretion.