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1995 Supreme(SC) 60

N.P.SINGH, SUHAS C.SEN, B.P.JEEVAN REDDY
Commissioner Of Income Tax, Hyderabad – Appellant
Versus
Chittor Electric Supply Corporation – Respondent


Advocates:
A.Subhashini, Anjani Aiyagiri, J.RAMAMURTHY, K.RAM KUMAR, MANOJ ARORA, S.S.JAVALI

JUDGMENT

B. P. JEEVAN REDDY, J.:- This appeal is preferred against the decision of the Andhra Pradesh High Court allowing the writ petition filed by the respondent-assessee and directing the Revenue to pay to the respondent interest on the amount of Rs. 84,562/- from September 7, 1969 to August 14, 1973 at the rate of 6 per cent per annum under Section 244(1) of the Income-tax Act, as prayed for by the respondent. The respondent is a limited company in liquidation and is represented by its Liquidators. On November 24, 1960, the respondent-company was taken over by the Government. The respondent received compensation therefore which amount was brought to tax by the Revenue. Original assessment was completed on January 31, 1966. The appeal preferred by the respondent was allowed by the Appellate Assistant Commissioner on 6th March, 1969. He set aside the assessment and directed the Income-tax Officer to complete the assessment afresh in the light of the directions given by him. In short, the Appellate Assistant Commissioner directed that the income of the respondent-assessee must be determined under Section 12-B of the Indian Income-tax Act, 1922 and not under S. 10(2)(vii) of the sa



















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