Supreme Court - Daily Orders
C.I.T-Ii Bangalore vs M/S Cauvery Electricals on 3 February, 2014
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ITEM NO.55 COURT NO.3 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 (Civil) No(s).23456/2012
(From the judgement and order dated 21/02/2012 in ITA No.2800/2005 of
The HIGH COURT OF KARNATAKA AT BANGALORE)
C.I.T-II BANGALORE & ANR. Petitioner(s)
VERSUS
M/S CAUVERY ELECTRICALS Respondent(s)
(With office report)
Date: 03/02/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. DATTU
HON’BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. Rajiv Dutta, Sr. Adv.
Mrs. Anita Sahni, Adv.
Mr. Rupesh Kumar, Adv.
Mrs Anil Katiyar,Adv.
For Respondent(s) Mr.Senthil Jagadeesan,Adv.
UPON hearing counsel the Court made the following
O R D E R
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, in which a common principle may be involved in subsequent group of 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 apply the circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in two weeks.
The special leave petition is, accordingly, disposed of.
| [ Charanjeet Kaur ] | | [ Vinod Kulvi ] | |Court Master | |Asstt. Registrar |