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[Cites 1, Cited by 3]

Supreme Court - Daily Orders

Joint Commissioner Of Income Tax vs M/S Cognizant Technology Solutions ... on 3 January, 2023

Author: M.M. Sundresh

Bench: M.M. Sundresh

                                                     1

     ITEM NO.28                             COURT NO.8                  SECTION XII

                                   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).    92/2023 @
     Diary No. 38156/2022

     (Arising out of impugned final judgment and order dated 05-10-2021
     in WA No. 2521/2021 passed by the High Court of Judicature at
     Madras)

     JOINT COMMISSIONER OF INCOME TAX & ANR.                             Petitioner(s)

                                                    VERSUS

     M/S COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LTD. Respondent(s)

     (FOR ADMISSION and I.R. and IA No.194262/2022-CONDONATION OF DELAY
     IN FILING )

     Date : 03-01-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJIV KHANNA
                             HON'BLE MR. JUSTICE M.M. SUNDRESH


     For Petitioner(s)
                                       Mr. Balbir Singh, ASG
                                       Mr. Raj Bahadur Yadav, AOR
                                       Ms. Monica Benjamin, Adv.
                                       Mr. Rupinder Sinhmar, Adv.
                                       Ms. Preeti Rani, Adv.
                                       Mr. Shashank Bajpai, Adv.


     For Respondent(s)


                               UPON hearing the counsel, the Court made the following
                                                 O R D E R

Delay condoned.

In view of the findings recorded by the High Court in re Signature Not Verified questions raised and answers given, before, the assessment order Digitally signed by SWETA BALODI Date: 2023.01.05 17:31:14 IST Reason: under Section 143(3) of the Income Tax Act, 1961 was passed, we are not inclined to issue notice in the present special leave petition. 2 The assessee has no role to play and is not the author of the assessment order and hence the manner and contents of the assessment order as framed is not determinative whether or not it is a case of change of opinion.

Recording the aforesaid, the special leave petition is dismissed.

Pending application(s), if any, shall stand disposed of.

    (BABITA PANDEY)                                      (R.S. NARAYANAN)
   COURT MASTER (SH)                                    COURT MASTER (NSH)