2020-VIL-70-SC-DT

Supreme Court of India

CIVIL APPEAL NO. 6418 OF 2010

Date: 14.01.2020

HIMACHAL PRADESH STATE FOREST CORPORATION LTD.

Vs

C.I.T SHIMLA

For the Appellant : Mr. Rohit Sharma, adv.Mr. Rounak Nayak, Adv. Mr. Atul Agarwal, Adv.Mr. Kumar Dushyant Singh, AOR
For the Respondent : Mr. Vikramjit Banerjee, ASG Mr. Arijit Prasad, Sr. Adv.Mr. Manish Pushkarna, Adv.Mr. Siddhartha Sinha, Adv.Mr. Abhishek Mahajan, Adv. Mrs. Anil Katiyar, AOR

BENCH

A. M. Khanwilkar And Dinesh Maheshwari, JJ.

JUDGMENT

Heard learned counsel for the parties.

In light of the decision of the High Court of Himachal Pradesh, Shimla in C.W.P. No. 591 of 1992 dated 05.05.1997 pertaining to assessment year 1989-1990 read with order in CWP No. 125 of 1995 pertaining to assessment year 1988-1989, it must necessarily follow that the revised return dated 01.02.1994 filed by the appellant-assessee for the concerned assessment year 1989-1990 accompanied by audited accounts and the audit report under Section 44AB of the Income Tax Act ought to proceed further and be taken to its logical end by the Assessing Officer expeditiously. We direct accordingly.

Besides this, nothing more is required to be said in this appeal except to reiterate that the assessment be proceeded on its own merits in accordance with law, including to consider all just exceptions available to the assessee.

The appeal is disposed of accordingly.

Pending applications, if any, stand disposed of.

 

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