IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 16 of 1991 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE K.A.PUJ ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? @ COMMISSIONER OF INCOME-TAX Versus BERAR INVESTMENTS PVT LTD -------------------------------------------------------------- Appearance: 1. INCOME TAX REFERENCE No. 16 of 1991 MR TANVISH U BHATT for Petitioner No. 1 MR RK PATEL for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE K.A.PUJ Date of decision: 17/07/2002 ORAL JUDGEMENT (Per : MR.JUSTICE M.S.SHAH) In this reference at the instance of the revenue, the following question is referred for our opinion in respect of assessment year 1984-85:- "Whether, the Tribunal is right in law and on facts in holding that tax deductible at source should be deducted and thereafter interest should be calculated?" 2. We have heard Mr Tanvish U Bhatt, learned Standing Counsel for the applicant- revenue and Mr RK Patel, learned counsel for the respondent - assessee. 3. Our attention is invited to the decision of this Court in CIT vs. Ranoli Investment P. Ltd. (1999) 235 ITR 433 wherein this Court considered the same question and answered it in favour of the assessee. Following the aforesaid decision, our answer to the question referred to us is in the affirmative i.e. in favour of the assessee and against the revenue. 4. The Reference accordingly stands disposed of with no order as to costs. (M.S. Shah,J) (K.A. Puj,J) zgs/-