-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Income Tax Appeal No.481 of 2004 with Income Tax Appeal No.482 of 2004 M/s.Ushdev International Ltd. .. Appellant v/s. The Income-tax Officer & anr. .. Respondents Mr.Atul Jasani i/by Mr.V.S. Hadade for appellant. Mr.Ashok Kotangale for respondents. ----- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 19th December 2006 DATED : 19th December 2006 DATED : 19th December 2006 P.C. : P.C. : P.C. : 1. Heard the learned Counsel for the parties in both the above Appeals. 2. Both the above Appeals are filed concerning the Assessment year 1997-98. In our view, these two Appeals raise the following questions of law:- " 1) On the facts and in the circumstances of the case, whether the ITAT was right in law in holding that interest under Sections 234-B and 234-C was chargeable even in a case where the tax liability arises only on application of the provision of Section 115JA of the Income -2- Tax Act, 1961 ? 2) On the facts and in the circumstances of the case, whether the Income-tax Appellate Tribunal was right in law in upholding the action of charging of interest under Section 220(2) of the I.T. Act, 1961 even in a case where the liability consisted of only interest under Sections 234-B and 234-C charged on the tax liability arising consequent to application of provision of Section 115JA of the I.T. Act, 1961? " Matter requires consideration. Hence, both the Appeals are admitted. Mr.Kotangale waives services for the respondents. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)