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Section 234B, read with section 115JA, of the Income-tax Act, 1961 - Interest, chargeable as - Whether interest under sections 234B and 234C is leviable in case of computation of income under provisions of section 115JA - Held, no CASE REVIEW CIT v. Kwality Biscuits Ltd.[2006] 284 ITR 434 (SC) followed and relied upon. Kwality Biscuits Ltd. v. CIT [2000] 243 ITR 519/ 110 Taxman 47 (Kar.) [Para 3] followed. CASES REFERRED TO CIT v. Kotak Mahindra Finance Ltd. [2004] 265 ITR 119/[2003] 130 Taxman 730 (Bom.) [Para 3], Assam Bengal Carriers Ltd. v. CIT[1999] 239 ITR 862 (Gauhati) [Para 3], Itarsi Oils & Flours (P.) Ltd.v. CIT [2001] 250 ITR 686/ 119 Taxman 112 (MP) [Para 3], Kwality Biscuits Ltd. v. CIT [2000] 243 ITR 519/ 110 Taxman 47 (Kar.) [Para 3], CIT v. Kwality Biscuits Ltd. [2006] 284 ITR 434/155 Taxman 658 (SC) [Para 3] and Kunhayammed v. State of Kerala [2000] 245 ITR 360/ 113 Taxman 470 (SC) [Para 4]. S.S. Shetty, P.C. Tripathi and A.K. Jasani for the Appellant. Ms. Anamica Malhotra for the Respondent. JUDGMENT F.I. Rebello, J. - The assessee has preferred this Appeal against the order dated 13-1-2006 whereby the Appeal preferred by the assessee against the order of CIT (Appeals) was dismissed. 2. Three questions had been framed. In our opinion, if read together, they raise the same question and, accordingly, the Appeal is admitted on the following question :- "Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that interest under sections 234B and 234C was leviable in case of computation of income under the provisions of section 115JA of the Act?" 3. It was the submission on behalf of the assessee that in a case of computation of income under the provisions of section 115JA of the Act the provisions of sections 234B and 234C are not leviable. In the instant case the appellant had shown a book profit of Rs. 6,31,77,987 as against the computed income of Rs. 45,16,690. As the assessee had paid short advance tax interest was charged under sections 234A and 234B of the Income-tax Act. It may be at the outset pointed out that a learned Bench of this Court in case of CIT v. Kotak Mahindra Finance…

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