Supreme Court - Daily Orders
M/S Rohilkhand Educational Charitable ... vs Principal Commissioner Of Income Tax ... on 28 September, 2018
Bench: Rohinton Fali Nariman, Indu Malhotra
1
ITEM NO.44 COURT NO.8 SECTION XI
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) No(s). 23509/2017
(Arising out of impugned final judgment and order dated 03-04-2017
in MB No. 5195/2017 passed by the High Court Of Judicature At
Allahabad, Lucknow Bench)
M/S ROHILKHAND EDUCATIONAL CHARITABLE TRUST Petitioner(s)
VERSUS
PRINCIPAL COMMISSIONER OF INCOME TAX
(CENTRAL CIRCLE) & ORS. Respondent(s)
(IA No.-121412/2018-STAY APPLICAITON)
Date : 28-09-2018 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s) Mr. Jayant Bhushan, Sr.Adv.
Mr. Talha Abdul Rahman, AOR
Mr. Rohan Paul, Adv.
Ms. Rija, Adv.
Ms. Neha Meena, Adv.
For Respondent(s) Mr. P.S. Narasimha,ASG
Mr. Arijit Prasad, Adv.
Mr. Arijit Kumar, Adv.
Mr. S.K. Singhania, Adv.
Mrs. Anil Katiyar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
The High Court, by a court order, has stated that since the Digitally signed by R NATARAJAN Date: 2018.10.01 petitioner approached the Settlement Commission, nothing further 17:07:01 IST Reason:
remains to be decided.
We disagree.2
According to the petitioner, jurisdictional questions are being raised by him in the writ petition, which, therefore, needs to be disposed of on merits. It will be open to the respondents to take all pleas available in law including the fact that no jurisdictional question arises.
The stay, that has been granted to the Settlement Commission’s proceedings, will continue till the High Court dispose of the writ petition.
The Special Leave Petition is disposed of accordingly.
(MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER