Supreme Court - Daily Orders
Dy. Commissioner Of Income Tax Central ... vs M/S U.K. Paints (Overseas) Ltd. on 25 April, 2023
Bench: M.R. Shah, C.T. Ravikumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6634 OF 2021
DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 20 APPELLANT
VERSUS
M/S U.K. PAINTS (OVERSEAS) LTD. RESPONDENT
WITH
CIVIL APPEAL NO. 6656/2021
CIVIL APPEAL NO. 6654/2021
CIVIL APPEAL NO. 6653/2021
CIVIL APPEAL NO. 7600/2019
CIVIL APPEAL NO. 6744/2018
CIVIL APPEAL NO. 6982/2021
CIVIL APPEAL NO. 7033/2021
CIVIL APPEAL NO. 6655/2021
CIVIL APPEAL NO. 1504/2018
CIVIL APPEAL NO. 3147/2019
CIVIL APPEAL NO. 6661/2021
O R D E R
In this batch of appeals, the assessments in case of each Assessee were under Section 153-C of the Income Tax Act, 1961 (for Signature Not Verified Digitally signed by Neetu Sachdeva Date: 2023.05.01 Contd.
17:36:54 IST Reason:
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short, `the Act’). As found by the High Court in none of the cases any incriminating material was found during the search either from the Assessee or from third party. In that view of the matter, as such, the assessments under Section 153-C of the Act are rightly set aside by the High Court. However, Shri N Venkataraman, learned ASG appearing on behalf of the Revenue, taking the clue from some of the observations made by this Court in the recent decision in the case of Principal Commissioner of Income Tax, Central -3 Vs. Abhisar Buildwell P. Ltd., Civil Appeal No. 6580/2021, more particularly, paragraphs 11 and 13, has prayed to observe that the Revenue may be permitted to initiate re-assessment proceedings under Section 147/148 of the Act as in the aforesaid decision, the powers of the re-assessment of the Revenue even in case of the block assessment under Section 153-A of the Act have been saved.
As observed hereinabove, as no incriminating material was found in case of any of the Assessees either from the Assessee or from the third party and the assessments were under Section 153-C of the Act, the High Court has rightly set aside the Assessment Order(s). Therefore, the impugned judgment and order(s) passed by the High Court do not require any interference by this Court.
Hence, all these appeals deserve to the dismissed and are accordingly dismissed.
However, so far as the prayer made on behalf of the Revenue to permit them to initiate the re-assessment proceedings is concerned, Contd..
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it is observed that it will be open for the Revenue to initiate the re-assessment proceedings in accordance with law and if it is permissible under the law.
With this, all these appeals are dismissed/disposed of.
………………………………………J. [M.R. SHAH] .................. J.
(C.T. RAVIKUMAR) New Delhi;
April 25, 2023.
ITEM NO.8 COURT NO.4 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 No(s). 6634/2021
DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 20 Appellant(s)
VERSUS
M/S U.K. PAINTS (OVERSEAS) LTD. Respondent(s)
(IA No. 87817/2020 - APPLICATION FOR PERMISSION IA No. 172358/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH C.A. No. 6656/2021 (XIV-A) (IA No. 170853/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 6654/2021 (XIV-A) (FOR ADMISSION and I.R. and IA No.3401/2019-CONDONATION OF DELAY IN FILING and IA No.3402/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 3402/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 6653/2021 (XIV-A) (FOR ADMISSION and I.R. and IA No.69530/2020-CONDONATION OF DELAY IN FILING and IA No.69529/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 7600/2019 (III) C.A. No. 6744/2018 (XIV-A) C.A. No. 6982/2021 (III) ( IA No.112481/2019-CONDONATION OF DELAY IN FILING) C.A. No. 7033/2021 (III) ( IA No.109801/2019-CONDONATION OF DELAY IN FILING) C.A. No. 6655/2021 (XIV-A) (IA No. 15375/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) C.A. No. 1504/2018 (XIV-A) ( IA No.5689/2018-CONDONATION OF DELAY IN FILING) C.A. No. 3147/2019 (XIV-A) C.A. No. 6661/2021 (XIV-A) contd..
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Date : 25-04-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. N Venkataraman, A.S.G. Mr. Arijit Prasad, Sr. Adv.
Mr. Raj Bahadur Yadav AOR Mr. S A Haseeb, Adv.
Mr. Zoheb Hussain, Adv.
Mrs. Gargi Khanna, Adv.
Mrs. Niranjna Singh, Adv.
Mr. Aakansha Kaul, Adv.
Mr. Vijaynand Tripathi, Adv.
Mr. Vivasvan Gautam, Adv.
For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Subodh S. Patil, AOR Ms. Mahua Kalra, AOR Mr. Mayank Nagi, Adv.
Mr. Shreeyash U Lalit, Adv.
Mr. Ajay Singh, Adv.
Mr. Mahesh Kumar, Adv.
Mr. Nikhilesh Kumar, Adv.
Ms. Devika Khanna, Adv.
Mrs. V.d Khanna, Adv.
Mr. Vmz Chambers, AOR M/S. Gagrat And Co, AOR Mr. Ujjwal A. Rana, Adv.
Mr. Himanshu Mehta, Adv.
Mr. Bhupinderjit, Adv.
Mr. M. L. Sharma, Adv.
Ms. Meenakshi Sharma, Adv.
Mr. Sushil K Sharma, Adv.
Mr. Surender Kumar Jain, Adv.
Mr. Subhasish Bhowmick, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are dismissed/disposed of in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)