1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION I.T.X.A.NO.1128/2010 The Director of Income Tax Appellant (International Taxation) VS. Calyon Bank Respondent Mr.Suresh Kumar for Appellant Mr.Yuvraj K.Singh i/b Cr.Bayley & Co. for Respondent CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -14TH FEBRUARY,2011 P.C. . The question raised in this appeal is whether the ITAT was justified in allowing the assessee to raise the issue of levy of interest u/s 234B of the Income Tax Act, 1961 for the first time in appeal . It is not disputed that on merit the question is covered against the revenue by the decision of this Court in Director of Income Tax (International Taxation) Vs. NGC Network Asia LLC reported in (2009)222 CTR (Bom.)86 . In this view of the matter we see no reason to entertain this appeal. The appeal is dismissed. No costs. (Mrs.Mridula Bhatkar,J.) (J.P.Devadhar,J.)