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M/S Samarth Health Care vs Commissioner Of Income Tax on 8 September, 2014

Bench: Jagdish Singh Khehar, Arun Mishra

                                                                                               1

               ITEM NO.41 & 53              COURT NO.7                     SECTION IIIA

                                   S U P R E M E C O U R T O F           I N D I A
                                           RECORD OF PROCEEDINGS

               Petition(s)      for   Special    Leave    to   Appeal   (C)......CC        No(s).
               12498/2014

               (Arising out of impugned final judgment and order dated
               01/04/2014 in MCA No. 152/2013,01/04/2014 in TA No. 1125/2010
               passed by the High Court Of Gujarat At Ahmedabad)

               M/S SAMARTH HEALTH CARE                                        Petitioner(s)

                                                         VERSUS

               COMMISSIONER OF INCOME TAX                         Respondent(s)
               I.A. 1/2014(with c/delay in filing SLP and office report)
               WITH
               S.L.P.(C)....CC NO.15156/2014
               (with appln(s) for c/delay in filing SLP and office report)

               Date : 08/09/2014 These petitions were called on for hearing
                                 today.

               CORAM :
                                 HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                                 HON'BLE MR. JUSTICE ARUN MISHRA


               For Petitioner(s)         Mr. Shyam Divan, Sr. Adv.
                                         Mr. Tushar Hemani, Adv.
                                         Mr. D.N. Ray, Adv.
                                         Mr. Lokesh K. Choudhary, Adv.
                                         Mrs. Sumita Ray,Adv.

               For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                 O R D E R

The delay of 31 days in filing the instant special leave petition qua order dated 1.4.2014 is condoned.

Learned counsel for the petitioner states, that even Parveen Kumar Chawla Date: 2014.09.08 17:56:02 IST though a petition for special leave preferred by M/s Jolly Reason:

Polymers has been dismissed by this Court, the same issue was  2 adjudicated upon by the Bombay High Court with reference to M/s Jolly Polymers itself, for a different assessment year, and a divergent view was taken by the Bombay High Court, which was not assailed by the revenue. It is, therefore, the contention of the learned counsel for the petitioner that it would be appropriate to settle the proposition of law decided differently by two High Courts.

Issue notice on the prayer for condonation of delay qua order dated 17.1.2012 as also on the main special leave petitions.

(Parveen Kr. Chawla)                                      (Phoolan Wati Arora)
    Court Master                                           Assistant Registrar