2015-VIL-52-SC-DT

Equivalent Citation: 2015 (325) E.L.T. 11 (SC), 2017 (51) S.T.R. 227 (SC)

Supreme Court of India

Civil Appeal Nos. 4919-4920 of 2015 (Arising from SLP(C) Nos.31042-31043/2013), Civil Appeal Nos. 4921-4922 of 2015 (Arising from SLP(C) Nos.18058-18059/2014)

Date: 01.07.2015

COMMISSIONER OF INCOME TAX-VIII, NEW DELHI

Vs

SUMAN DHAMIJA

For the Appellant : Mr. Ranjit Kumar, SG Mr. Rupesh Kumar, Adv. Mr. S.W.A. Qadri, Adv. Ms. Gargi Khanna, Adv. for Mrs. Anil Katiyar, AOR
For the Respondent : Mr. Salil Aggarwal, Adv. Mr. Bhargava V. Desai, Adv. Ms. Saumya Mehrotra, Adv

BENCH

Jagdish Singh Khehar And Adarsh Kumar Goel, JJ.

JUDGMENT

Delay condoned.

Leave granted.

The appeals and review petitions preferred by the appellants before the High Court, were disposed of on the basis of the instructions issued by the Central Board of Direct Taxes dated 9.2.2011. It is not a matter of dispute, that all the appeals were preferred prior to 2011, whereas, the instructions dated 9.2.2011 clearly indicate in paragraph 11 thereof, that they shall not govern cases which have been filed before 2011, and that, the same will govern only such cases which are filed after the issuance of the aforesaid instructions dated 9.2.2011.

In view of the above, the instant appeals are allowed, the impugned orders passed by the High Court dated 07.04.2011, 28.02.2011, 26.03.2012 and 31.05.2012 are hereby set aside. The matters are remitted back to the High Court for re-adjudication of the appeals on merits, in accordance with law.

 

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