Supreme Court - Daily Orders
C.I.T vs M/S Century Park on 1 April, 2015
Bench: Chief Justice, Arun Mishra
1
ITEM NO.23 COURT NO.1 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).
5289/2013
(Arising out of impugned final judgment and order dated 19/03/2012
in ITA No. 1006/2006 passed by the High Court Of Karnataka at
Bangalore)
C.I.T & ANR Petitioner(s)
VERSUS
M/S CENTURY PARK Respondent(s)
(with appln. (s) for c/delay in filing SLP and c/delay in refiling
SLP and office report)
Date : 01/04/2015 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN MISHRA
For Petitioner(s) Mr.Ranjit Kumar, Sol.Genl.of India
Ms.Shirin Khajuria, Adv.
Mr.Sanjai Kumar Pathak, Adv.
Mrs. Anil Katiyar,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
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, Signature Not Verified Digitally signed by in which a common principle may be involved in subsequent group of Ramana Venkata Ganti Date: 2015.04.01 14:41:10 IST Reason: 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 2 apply the Circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in six weeks' time from today.
The Special Leave Petition is, accordingly, disposed of.
(G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar