SUPREME COURT OF INDIA
Commissioner of Income-tax, New Delhi
v.
Sage Metals Ltd.
CIVIL APPEAL NOS. 6405 OF 2012 & OTHERS
SEPTEMBER 11, 2012
ORDER
1. Heard learned counsel on both sides in all the cases.
2. Delay condoned.
3. Leave granted.
4. A common question of law arises for determination in this batch of civil appeals.
5. In civil appeal arising out of S.L.P. (C) No.24046 of 2009 filed by the Department [first case in this batch], the Assessment Year in question is 2001-2002. A short question which arises for determination in this appeal is, whether the Department is entitled to charge interest under Section 234B of the Income Tax Act, 1961, on the assessee bringing forward the tax credit balance into the year of account relevant to Assessment Year 2001-2002?
6. This question has been answered in favour of the assessee vide judgment of this Court in the case of CIT v. Tulsyan NEC Ltd. [2011] 330 I.T.R. 226. Consequently, these civil appeals filed by the Department are dismissed with no order as to costs.
