Synbiotics Limited vs DY. Commissioner of Income Tax and Another

D.A. Mehta, J.—At the time of admission on 07.08.2000 following two substantial questions of law have been formulated by the High Court:

Whether, on the facts and in the circumstances of the case, the Tribunal is justified in confirming the disallowance of deduction of Rs. 2,27,95,617/- payable to the Drug Prices Equalisation Account under the Drugs (Prices Control) Order, 1979?

Whether, on the facts and in the circumstances of the case, the Tribunal is right in confirming the levy of interest u/s 215 of the Act amounting to Rs. 99,10,428/- by placing reliance on its own order in the case of the appellant for the A.Y. 1982-83?

The Assessment Year in question is 1983-84. It is not necessary to set out facts and contentions in detail as it is common ground between the parties that the issues raised by the two questions stand concluded by judgments rendered by this Court.

In so far as question No. 1 is concerned, the same stands concluded against the assessee-appellant by virtue of judgment rendered in assessee''s own case as reported in Synbiotics Limited Vs. Commissioner of Income Tax,

Similarly in so far as question No. 2 is concerned, the same is required to be answered against the assessee-appellant by virtue of judgment rendered in case of Sarabhai Chemicals Pvt. Ltd. v. Commissioner of Income Tax [2002] 257 ITR 355 (Guj.).

Accordingly, both the questions are answered in the affirmative i.e. against the assessee. The appeals stands dismissed accordingly with no order as to costs.