Supreme Court - Daily Orders
Commnr. Of Income Tax, Calicut vs Commonwealth Trust (I) Ltd. on 22 April, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 7468-7469 OF 2004
COMMISSIONER OF INCOME TAX, CALICUT ... Appellant
VERSUS
COMMONWEALTH TRUST (I) LTD. ... Respondent
O R D E R
Though the view of the High Court in the impugned judgment may not be correct in interpreting the provisions of Section 43B of the Income Tax Act as it prevailed at the relevant time, however, in view of the subsequent amendment with effect from 01.04.2004 by Finance Act, 2003, whereby the second proviso to Section 43B stands omitted, result would still be the same. Therefore, it is not necessary to entertain these appeals which are, accordingly, dismissed.
........................., J.
[ A.K. SIKRI ] ........................., J.
[ ROHINTON FALI NARIMAN ] New Delhi;
April 22, 2015.
Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2015.04.23 17:56:03 IST Reason: ITEM NO.111 COURT NO.12 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 7468-7469/2004 COMMNR. OF INCOME TAX, CALICUT Appellant(s) VERSUS COMMONWEALTH TRUST (I) LTD. Respondent(s) (with office report)
Date : 22/04/2015 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Ms. Pinky Anand, ASG.
Mr. Rupesh Kumar, Adv.
Ms. Purnima Bhatt, Adv. Ms. Anil Katiyar, Adv.
Mr. B. V. Balaram Das, Adv.
For Respondent(s) Mr. Subramonium Prasad, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are dismissed in terms of the signed order.
(Nidhi Ahuja) (Suman Jain)
COURT MASTER COURT MASTER
[Signed order is placed on the file.]