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C.I.T New Delhi vs Nhk Japan Corp.M/S Eli Lilly & Co.(I)Ld on 11 August, 2014

\200   ITEM NO.42                                    COURT NO.3                            SECTION II
IA

                                   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).
  24913-24919/2012

  (Arising out of impugned final judgment and order dated 11/05/2011
  in ITA No. 164, 168, 169, 188, 189/2011, 186 and 190/2011 passed
  by the High Court Of Delhi At N. Delhi)

  C.I.T NEW DELHI                                                                     Petitioner(s)

                                                            VERSUS

  NHK JAPAN CORP.M/S ELI LILLY & CO.(I)LD            Respondent(s)
  (with appln. (s) for c/delay in filing SLP and office report)

  Date : 11/08/2014 These petitions were called on for hearing
  today.

  CORAM :
                                 HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
                                 HON’BLE MR. JUSTICE S.A. BOBDE

  For Petitioner(s)
                                               Mr. L.N, Rao, ASG
                                               Mr. S.A. Hoseeb, Adv.
                                               Mr. Rupesh Kumar, Adv.
                                               Mrs. Anil Katiyar ,Adv.
  For Respondent(s)
                                               Mr.     Tarun Gulati, Adv.
                                               Mr.     Sparsh Bhargava, Adv.
                                               Mr.     S. R. Setia ,Adv.
                                               Mr.     K.B. Upadhyay, Adv.

                           UPON hearing the counsel the Court made the following

                                                       O R D E R

By the impugned order dated 11th May, 2011 in ITA No. 164, 168, 169, 188, 189/2011, 186 and 190/2011 passed by the High Court Of Delhi at New Delhi, the High Co urt observed as follows:

"It is thus clear that the same Bench Reason: of the Supreme Court which issued direction on 16th March, 2009 passed the aforesaid order making it emphatically clear that even the issue of limitation had become academic as -2- the assessee could not be declared as assessee in default under Section 192 read with Section 201 of the Act. The fallout of the aforesaid order dated 20th January, 2010 is that the Supreme Court has held that the assessee for the assessment years in question, cannot be treated as assessee in  default. The consequence would be to quash the proceeding initiated by the AO treating the assessee to be in default under Section 201 (1) and 201 (1A) of the Act.

7. We, thus agree with the Tribunal that the issue had become academic in nature and there was no reason left to decide this issue. This happened because of the subsequent order of the Supreme Court itself. This resulted as a consequence of the orders passed by the Supreme Court, that too, in the case of this very assessee pertaining to the appeals of the assessment years on the same question. We thus find no merit in these appeals which are dismissed on this ground alone."

In view of such observation made by the High Court, we are not inclined to interefere with the impugned order. The special leave petition stands disposed of.

      (Neeta)                            (Usha Sharma)
      Sr. P.A.                           COURT MASTER