Supreme Court - Daily Orders
T.V. Today Network Limited vs Pr. Commissioner Of Income Tax 9 on 13 September, 2021
Bench: M.R. Shah, A.S. Bopanna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 708-709 OF 2020
T.V. TODAY NETWORK LIMITED APPELLANT
VERSUS
PR. COMMISSIONER OF INCOME TAX 9 RESPONDENT
O R D E R
Heard Shri Salil Agarwal, learned senior counsel appearing on behalf of the appellant and Shri Balbir Singh, learned ASG appearing for the Revenue.
It is not in dispute that before the High Court, the assessee heavily relied upon the decision of the Calcutta High Court in the case of CIT vs. Exide Industries 292 ITR 470. It is also not in dispute that subsequently the decision of the Calcutta High Court in the case of Exide Industries (supra) has been set aside by this Court. Therefore, as such, nothing further is required to be done in the present appeals except dismissing the same.
However, it is the case on behalf of the appellant that at least the amount paid by the appellant by way of leave encashment paid in the particular year ought to have been allowed in the year in which it was paid. The Signature Not Verified Digitally signed by R Natarajan Date: 2021.09.15 aforesaid has been dealt with by the High Court in the 14:10:21 IST Reason: impugned judgment. Apart from the fact that the 1 appellant did not raise such a plea before the Tribunal, even otherwise it does appear that such a claim was not made by the appellant in the years in which actually the adjustment amounts due were paid to the employees.
In view of the above, the Civil Appeals stand dismissed.
………………………………………J. [M.R. SHAH] ……………………………………J. [A.S. BOPANNA] NEW DELHI SEPTEMBER 13, 2021 2 ITEM NO.1 Court 12 (Video Conferencing) SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal Nos.708-709/2020 T.V. TODAY NETWORK LIMITED Appellant(s) VERSUS PR. COMMISSIONER OF INCOME TAX 9 Respondent(s) Date : 13-09-2021 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE A.S. BOPANNA For Parties Mr. Salil Agarwal, Sr. Adv.
Mr. Bhargava V. Desai, AOR Mr. Shivam Jasra, Adv. Ms. Aditi Diwan, Adv.
Mr. Uma Shankar, Adv.
Mr. Balbir Singh, ASG Mr. H. R. Rao, Adv.
Mr. Piyush Beriwal, Adv. Mr. Udai Khanna, Adv.
Mr. Raj Bahadur Yadav, AOR Mrs. Anil Katiyar, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeals stand dismissed in terms of the signed order.
Pending application (s), if any, shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER (signed order is placed on the file) 3