SUPREME
COURT OF
Commissioner
of Income-tax
v
Xpro
India Ltd.
S.
H. KAPADIA AND B. SUDERSHAN REDDY, JJ.
CIVIL
APPEAL NO. 1765 OF 2008
March
4, 2008
Section 260A,
read with sections 115JAA and 234B, of the Income-tax Act, 1961 - High Court -
Appeal to - High Court dismissed department’s appeal and allowed credit for MAT
under section 115JAA before charging interest under sections 234B and 234C - Whether since question of interpretation of
section 234B in context of short payment of interest on advances tax arose for
determination before High Court which warrants interpretation of section
115JAA, read with section 234B and 234C, High Court erred in coming to
conclusion that no substantial question of law arose and, therefore, impugned
judgment was to be set aside and matter was to be restored to High Court for
consideration afresh - Held, yes
Case review : Decision of High Court set aside.