2011-VIL-04-SC-DT

Equivalent Citation: [2013] 350 ITR 300 (SC), 2011 (15) SCC 482

Supreme Court of India

Special Leave to Appeal No. 24562 of 2011, (CC 13694/2011)

Date: 29.08.2011

CIT

Vs

SURYA HERBAL LTD.

Goolam E. Vahanvati, AG; Rupesh Kumar, Anand Kannan and B.V. Balaram Das, Advs. for the Petitioner  

BENCH

S.H. KAPADIA CJI,  K.S. RADHAKRISHNAN and SWATANTER KUMAR JJ

JUDGMENT

Delay condoned.  

Liberty is given to the Department to move the High Court pointing out that the Circular dated 9th February, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income - Tax Act, 1961, in which a common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases if attention of the High Court is drawn, the High Court will not apply the Circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in two weeks. The special leave petition is, accordingly, disposed of.

 

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