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Deputy Commissioner Of Incomre Tax ... vs Turner International India Pvt Ltd. on 17 July, 2018

Bench: A.K. Sikri, Ashok Bhushan

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     ITEM NO.23                               COURT NO.5                 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(s). 10327/2018

     (Arising out of impugned final judgment and order dated 17-05-2017
     in WP(C) No. 4260/2015 passed by the High Court Of Delhi At New
     Delhi)

     DEPUTY COMMISSIONER OF INCOMRE TAX
     CIRCLE 25 (2) NEW DELHI                                             Petitioner(s)

                                                     VERSUS

     TURNER INTERNATIONAL INDIA PVT LTD.                Respondent(s)
     (FOR ADMISSION and I.R. and IA No.54273/2018-CONDONATION OF DELAY
     IN FILING and IA No.54274/2018-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT)

     WITH
     Diary No(s). 12326/2018 (XIV)
     (FOR CONDONATION OF DELAY IN FILING & REFILING SLP)
     Date : 17-07-2018 These matters were called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE A.K. SIKRI
                             HON'BLE MR. JUSTICE ASHOK BHUSHAN

     For Petitioner(s)                 Mr. A.N.S. Nadkarni, ASG
                                       Mr. K. Radhakrishnan, Sr. Adv.
                                       Mr. Sanjai Kumar Pathak, Adv.
                                       Mr. A.K. Srivastava, Adv.
                                       Mrs. Anil Katiyar, AOR

     For Respondent(s)                 Mr.   M.S. Syali, Sr. Adv.
                                       Mr.   Mayank Negi, Avd.
                                       Mr.   Shekhar Prit Jha, AOR
                                       Mr.   Vikrant A. Maheshwari, Adv.

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

Limited notice is issued in this case on 23.4.2018.

On that aspect, respondent may file counter affidavit within Digitally signed by DEEPAK MANSUKHANI Date: 2018.07.21 10:49:00 IST two weeks. Rejoinder affidavit, if any, be filed within one week Reason: thereafter.

List after four weeks for final disposal.

Issue notice limited to the question as to whether the final assessment order could be treated as void ab-initio and nullity on the ground that the draft assessment order is published or the matter should have been remanded to the Assessing Officer for fresh consideration.

Issue notice in the application for condonation of delay as well.

Mr. Shekhar Prit Jha, Adv. accepts notice on behalf of the respondent.

Reply affidavit be filed within two weeks.

List after four weeks for final disposal.

(DEEPAK MANSUKHANI)                              (RAJINDER KAUR)
AR CUM PS                                         COURT MASTER