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Hyderabad Urban Development Authority ... vs The Assistant Commissioner Of Income ... on 26 October, 2015

Bench: A.K. Sikri, Rohinton Fali Nariman

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO. 8904 OF 2015
                                (Arising out of SLP (C)No. 30539 Of 2015)
                                (Arising out of SLP CC No. 17153 of 2015)


                   HYDERABAD URBAN DEVELOPMENT AUTHORITY
                   RENAMED AS HYDERABAD METROPOLITAN
                   DEVELOMENT AUTHORITY                                    ... Appellant

                                                         VERSUS

                   THE ASSISTANT COMMISSIONER OF INCOME TAX                ... Respondent

                                                  O R D E R

Delay condoned.

Leave granted.

After hearing the learned counsel for both the parties for some time, Mr. Tushar Mehta, learned Additional Solicitor General, states that he will have no objection if the matter is remitted back to the Income Tax Appellate Tribunal (hereinafter referred to as 'Tribunal') for decision on merits. This suggestion is acceptable to the learned counsel for the petitioner as well.

In these circumstances, we set aside the impugned order of the High Court as well as that of the Tribunal. We also condone the delay in filing appeal before the Tribunal and direct the Tribunal to decide the same on merits.

The civil appeal is disposed of accordingly. Signature Not Verified

........................, J.

ASHWANI KUMAR Date: 2015.10.28 [ A.K. SIKRI ] 09:50:38 IST Reason:

........................, J.

New Delhi; [ ROHINTON FALI NARIMAN ] October 26, 2015.

ITEM NO.48                   COURT NO.14                       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)...... CC No. 17153/2015 (Arising out of impugned final judgment and order dated 11/06/2014 in ITTA No. 348/2014 passed by the High Court Of Judicature At Hyderabad For The State Of Telangana And The State Of Andhra Pradesh) HYDERABAD URBAN DEVELOPMENT AUTHORITY RENAMED AS HYDERABAD METROPOLITAN DEVELOMENT AUTHORITY Petitioner(s) VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX Respondent(s) (With appln(s) for c/delay in filing SLP) Date : 26/10/2015 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. A. P. Datar, Sr. Adv. Mr. Nikhil Swami, Adv. Mrs. Prabha Swami, Adv.

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.

Leave granted.

The civil appeal is disposed of in terms of the signed order.

     (Nidhi Ahuja)                                     (Renu Diwan)
     COURT MASTER                                      COURT MASTER

[Signed order is placed on the file.]