Supreme Court - Daily Orders
M/S Kundlas Loh Udyog vs Pr. Commissioner Of Income Tax on 19 February, 2018
Bench: A.K. Sikri, Ashok Bhushan
ITEM NO.7 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No. 39405/2017
(Arising out of impugned final judgment and order dated 17-05-2017
in ITA No. 12/2016 passed by the High Court of Himachal Pradesh at
Shimla)
M/S KUNDLAS LOH UDYOG Petitioner(s)
VERSUS
PR. COMMISSIONER OF INCOME TAX Respondent(s)
(With IA No.20564/2018-CONDONATION OF DELAY IN FILING and IA
No.20565/2018-CONDONATION OF DELAY IN REFILING)
Date : 19-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s)
Dr. Rakesh Gupta, Adv.
Ms. Monika Ghai, Adv.
Mr. Rohit Kumar Gupta, Adv.
Mr. Ambhoj Kumar Sinha, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
From the impugned order of the High Court, we find that the High Court has remitted the case to the Assessing Officer to examine and decide the matter afresh on the basis Signature Not Verifiedof the material adduced on record by the respective parties, Digitally signed by NIDHI AHUJA Date: 2018.02.20 17:11:25 IST Reason: so that it is confirmed that they had advanced loan to the assessee against interest through bank channel or not. 1 Diary No. 39405/2017 In view of this stand taken by the High Court, we are not inclined to entertain this special leave petition which is, accordingly, dismissed.
However, it is made clear that the Assessing Officer shall examine the issue afresh on the basis of material produced before it and in accordance with law, independently, notwithstanding the observations of the High Court in paragraph 2 of the order dated 17.5.2017 in ITA No. 12 of 2016.
(NIDHI AHUJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
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