LAWS(CAL)-1995-2-20

HINDUSTAN MOTORS LIMITED Vs. COMMISSIONER OF INCOME TAX

Decided On February 20, 1995
HINDUSTAN MOTORS LIMITED Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) It is ray regret that I have not been able to agree with the answers given by Justice Ruma Pal on questions Nos. 1 and 2 referred to this court under Section 256(2) of the Income-tax Act, 1961. So far as question No. 3 is concerned, that does not merit any decision. Hence, I need not express my opinion on the same.

(2.) Since the facts have been elaborately and concisely mentioned by the learned judge, I need not repeat the same. The only controversy is whether interest payable under Section 61 of the Customs Act, 1962, attracts Section 43B of the Income-tax Act, 1961.

(3.) I record ray own reasons for the view which I have taken.