K.C.Agrawal, C.J. - (1.) It is ray regret that I have not been able to agree with the answers given by Justice Ruma Pal on questions Nos. 1 and 2 referred to this court under Section 256(2) of the Income-tax Act, 1961. So far as question No. 3 is concerned, that does not merit any decision. Hence, I need not express my opinion on the same.
(2.) Since the facts have been elaborately and concisely mentioned by the learned judge, I need not repeat the same. The only controversy is whether interest payable under Section 61 of the Customs Act, 1962, attracts Section 43B of the Income-tax Act, 1961.
(3.) I record ray own reasons for the view which I have taken.;