Commissioner of Income Tax, Coimbatore v. Annamalai Finance Ltd. , now known as Shiva Textile Yarn Ltd.
2008-08-13
K.RAVIRAJA PANDIAN, P.P.S.JANARTHANA RAJA
body2008
DigiLaw.ai
Judgment :- The revenue on appeal against the orders of the Income Tax Appellant Tribunal MADRAS D Bench, Chennai dated 08.06.2007 in ITA.Nos.28,29,30/Mds/2005 in respect of the assessment years 1997-98, 1998-99 and 1999-2000 by formulating the following common question of law:- "Whether the amounts collected by the assessee for belated payment is chargeable to levy of interest tax under the interest tax Act in the light of the definition of Financial Company under Sec.5-B which includes the hire purchase finance company?". 2. It is submitted across the Bar that the issue raised in the present appeals has already been covered against the revenue in the decisions of this Court dated 01.02.2006 made in T.C.A.No.55 of 2006 and 210. 2006 in T.C.A.No.2440 of 2006. 3. In T.C.A.No.2440 of 2006, after referring to the decision of Kerala High Court in Commissioner of Income Tax vs. Stae Bank of Travancore (1997) 228 ITR 40, wherein it is held as follows:- "The character of an overdue bill is wholly distinct from loans and advances, and the interest on the loans and advances alone is taxable under the Interest Tax Act. The character of an overdue bill is not synonymous with loans and advances. Therefore, the interest on overdue bills is to be excluded from chargeable interest under the Interest Act, 1974". This Court dismissed the appeal filed by the revenue. Following the same, the present appeals are also dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.