Income Tax Appeal No. 172 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. --- Income Tax Appeal No. 172 of 2011 Date of decision: 19.7.2011 Talbro Forgings through its partner Arun Talwar --- Appellant Versus Commissioner of Income Tax Jalandhar CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- Present: Mr. Rishabh Kapoor, Advocate for the appellant. --- AJAY KUMAR MITTAL, J. This appeal under Section 260A of the Income-Tax Act, 1961 (for short “the Act”) has been filed by the assessee against the order dated 25.9.2009, passed by the Income Tax Appellate Tribunal Amritsar Bench, Amritsar (in short “the Tribunal”) in ITA No. 36/ASR/2009, relating to the assessment year 2004-05. 2. The following substantial questions of law have been claimed for determination of this Court: Income Tax Appeal No. 172 of 2011 2 “(a) Whether on the true and correct interpretation of the provisions of Section 80HHC read with 80-IA (9) read with 80-IB (13) the Tribunal has erred in restricting the claim of deductions under the Act? (b) Whether interest u/s 234B is mandatory in nature and levy of the same is permissible on the income, the taxability of which is under dispute and which could not be anticipated prior in time?” 3. We have heard learned counsel for the appellant and peruse the record. 4. Learned counsel for the appellant-assessee very fairly conceded that the aforesaid questions are covered against the assessee by the decision of this Court dated 20.05.2011 in ITA No. 121 of 2011 Vishal Tools & Forgings Private Limited vs. Commissioner of Income Tax, Jalandhar (Punjab) and in the case of the present assessee itself, i.e. Income Tax Appeal Nos. 137 and 138 of 2011, decided on 27.5.2011 (Talbro Forgings vs. Commissioner of Income Tax, Jalandhar). In the said cases, the appeals preferred by the assessee had been dismissed. 5. In view of the above, the appeal is dismissed. (AJAY KUMAR MITTAL) JUDGE (ADARSH KUMAR GOEL) July 19, 2011 ACTING CHIEF JUSTICE Income Tax Appeal No. 172 of 2011 3 *rkmalik*