LAWS(DLH)-2015-2-322

CIT Vs. ENGINEERS INDIA LTD.

Decided On February 26, 2015
CIT Appellant
V/S
ENGINEERS INDIA LTD. Respondents

JUDGEMENT

(1.) This appeal under Section 260-A of the Income Tax Act, 1961 assails the order dated 30.09.2011 of Income Tax Appellate Tribunal (hereinafter referred to as "the ITAT") passed in Income Tax Appeal No. 5392/Del/2010 in respect of the respondent (assessee) for assessment year 2006-2007, holding the assessee to be entitled to interest under Section 244A on the excess self-assessment tax paid under Section 140A, thereby upholding the order dated 20.09.2010 to such effect passed by Commissioner of Income Tax (Appeals) (hereinafter referred to as "the CIT (Appeals)" in appeal No. 75/2010-2011 that had been preferred by the assessee against the order dated 31.12.2008 of the Assessing Officer (AO) under Section 143(3).

(2.) Though the appellant had also raised questions in respect of deletion of the amount of Rs. 69 Lacs which had been added by the AO by invoking Section 14A read with Rule 8D of the Income Tax Rules, the appeal to that extent was not entertained as the calculation of disallowance under Section 14A was found covered by the ruling in Maxopp Investment Ltd. v. CIT, 2011 203 Taxman 364 (Delhi).

(3.) By order dated 22.09.2014, the following substantial question of law was formulated:-