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Commissioner Of Income Tax-5 vs Jet Airways (I) Ltd. on 12 January, 2015

Bench: Madan B. Lokur, Uday Umesh Lalit

                                                           1

                                             IN THE SUPREME COURT OF INDIA

                                             CIVIL APPELLATE JURISDICTION

                                             CIVIL APPEAL NO.411 OF 2015
                                        (Arising out of SLP(C) No.14376/2013)



                         COMMISSIONER OF INCOME TAX-5                    ....APPELLANT(S)

                                                         VERSUS

                         JET AIRWAYS (I) LTD.                            ....RESPONDENT(S)



                         With

                         Civil Appeal No.413 of 2015 (@ SLP(C) No.18007/2013)



                                                        O R D E R

Leave granted.

We have heard learned counsel appearing for the parties.

In view of order dated 10.09.2012 passed by this Court in Civil Appeal No.6384 of 2012 with regard to the same assessee and with regard to the earlier assessment year, we remand the matter to the High Court of Bombay for consideration on merits in accordance with law.

The aforesaid order passed by this Court in Civil Appeal No.6384 of 2012 reads as follows : Signature Not Verified

“Delay condoned.

Reason: Leave granted.

Heard learned counsel on both sides. Looking to the importance of the question which arose for determination of the High Court under Section 260A of the Income Tax Act,  2 1961, and keeping in mind the stakes involved in the matter, we are of the view that the High Court should have answered the question which arose for determination under Section 260A of the Income Tax Act, 1961.

Learned counsel on both sides agree that the matter be remitted back to the High Court to be heard along with ITXA No.1159 of 2010.

In the circumstances, we set aside the impugned order and restore the Income Tax Appeal on the file of the High Court. We request the High Court to decide the matter, along with ITXA No.1159 of 2010, on merits in accordance with law. We express no view on the merits of the case.

The civil appeal filed by the Department is, accordingly, allowed with no order as to costs.” Accordingly, these appeals stand disposed of in the aforesaid terms.

.........................J [MADAN B. LOKUR] ........................J [UDAY UMESH LALIT] New Delhi;

January 12, 2015.

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ITEM NO.32                COURT NO.10                  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 (C)      No(s).14376/2013

(Arising out of impugned final judgment and order dated 23/07/2012 in ITA No.351/2011 passed by the High Court Of Bombay) COMMISSIONER OF INCOME TAX-5 Petitioner(s) VERSUS JET AIRWAYS (I) LTD. Respondent(s) (With office report) WITH SLP(C) No.18007/2013 (With Office Report) Date : 12/01/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Ranjit Kumar, SG Mr. Abhinav Kukerji, Adv. Mrs. Anil Katiyar,Adv.

For Respondent(s) Mr. U.A. Rana, Adv.

Mrs. Mrinal Elkar Mazumdar, Adv. For M/s Gagrat & Co.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

These appeals stand disposed of in terms of the signed order.

    (SANJAY KUMAR-II)                          (JASWINDER KAUR)
     COURT MASTER                                 COURT MASTER

(Signed Order is placed on the file)