N.L Kalra, A.M:— The assessee has filed an appeal against the order of the ld. CIT(A), Jodhpur dated 27-02-2009 for the assessment year 2006-2007.
2.1 The ld. AR of the assessee in his written submissions has stated as under:—
“1. That the appeal has been preferred against the order of ld. CIT(A) who had confirmed the order passed by the ITO whereby the ITO had disallowed the claim made by the appellant for deduction of Rs. 36,56,421/- u/s. 80P(2)(e) of the Income Tax Act.
It is submitted that the point raised by the appellant has since been decided in favour of the department in the case of Udaipur Shahkari Upbhokta Thod Bhandat Ltd. v. CIT by the Hon'ble Jurisdctional High Court in (2007) 295 ITR 164/(2007) 210 CTR (/raj.) 94, the grounds of appeal raised by this appellant is covered by this decision (Pl read CIT v. Udaipur etc.) the appellant seeks your permission not to press the appeal.
2. As a consequence of above, the ground about charge of interest may kindly be decided.”
2.2 Hence the issue raised by the assessee is decided against the assessee and in respect of interest it is held that interest is mandatory and the assessee will get the consequential relief.
3. In the result, the appeal of the assessee is dismissed.