Judgment : Jhaveri, J. 1. By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has partly allowed the appeal of the assessee and dismissed the appeal of the department. 2. This Court while admitting the appeal on 26.11.2008, has framed the following substantial questions of law: “1. Whether there is no taxable income and when a person is assessed pursuant to deeming provisions based on book profits which are determined after the close of the year, whether such person can be considered to have defaulted in making payment of advance tax before close of the year? 2. Whether interest u/s 234B and 234C of the Act can be charged when there is no taxable income as per the computation provisions and a person is chargeable only on account of special provisions of minimum alternative tax based on book determined after close of the year?.” 3. Counsel for the appellant has contended that the matter was admitted on the basis of the decision of the Supreme Court in the case of CIT vs. Kwality Biscuits Ltd., reported in (2006) 205 CTR (SC) Page 122, but in view of the subsequent decision of the Supreme Court in the case of Joint Commissioner of Income Tax vs. Rolta India Ltd. (2011) 330 ITR 0470, the issues are required to be answered in favour of the department and against the assessee. 4. The issues are answered in favour of the department and against the assessee. 5. The appeal is dismissed.