The Commissioner of Income Tax and the Asst. Commissioner of Income Tax Vs. Chitrakala Investment Trade and Business Finance Ltd. - Court Judgment

Excerpt:
- code of civil procedure, 1908.[c.a. no. 5/1908]. section 9: [v.g. sabhahit, j] jurisdiction of civil courts suit for declaration held, entry made by the revenue authorities is always subject to the declaration that may be granted by the civil court. deepak verma, j.1. sri arvind kumar, learned asst. solicitor general appeared on behalf of appellants.2. heard on admission.3. this appeal is filed under section 260a of the income tax act, 1961 (hereinafter referred to as the 'act') at the instance of revenue against the order dated 11/1/2008 passed in i.t. no. 607/bng/2006 for the assessment year 2001-2002 by income tax appellate tribunal, bangalore bench 'b'.4. learned counsel for appellant strenuously argued before us that tribunal committed an error in allowing the waiver of interest on the amount advanced to astil as the same is contrary to the provisions contained under section 36(2) of the act. however, from the impugned order passed by the tribunal, we find that this ground has not been dealt wife specifically. we do not even know whether this ground was at all urged, argued or advanced before the tribunal. confronted with this situation, learned counsel for appellant sought permission to withdraw this appeal with liberty to move an appropriate application for rectification of the order passed by the tribunal. thus, without answering the question of law, we grant liberty to the appellant to move an appropriate application before the tribunal for rectification of the said order, which would be considered by the tribunal in accordance with law.5. with the aforesaid direction, this appeal stands disposed of.