1990-VIL-56-SC-DT

Equivalent Citation: [1991] 188 ITR 41 (SC)

Supreme Court of India

Civil Appeals Nos 782 and 783 (NT) of 1976.

Date: 14.09.1990

COMMISSIONER OF INCOME-TAX

Vs

LUXMI DEVI SUGAR MILLS PVT. LIMITED

For the Appellant : Dr. V. Gauri Shankar, Senior Advocate (S. Rajappa and Ms. A. Subhashini, Advocates)
For the Respondent : Rani Chhabra, Advocate

BENCH

K. N. SINGH, K. JAGANNATHA SHETTY AND KULDIP SINGH JJ.

JUDGMENT

The following question arises in the present appeals

"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in disallowing the interest of Rs, 46,510 and Rs. 52,429 payable under the U. P. Sugarcane Purchase Tax Act, 1961, for the assessee's failure to pay the cane cess and purchase tax for the assessment years 1969-70 and 1970-71, respectively ?"

The aforesaid question was answered by the High Court in favour of the assessee and against the Revenue. The view taken by the High Court is squarely covered by the decision of this court in Mahalakshmi Sugar Mills Co. v. CIT [1980] 123 ITR 429. The appeals fail and are, accordingly, dismissed. There will be no order as to costs.

Appeals dismissed.

 

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