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Director Of Income Tax ( International ... vs Dongfang Electric Corp on 16 January, 2015

Bench: Anil R. Dave, Shiva Kirti Singh

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                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO. 1115 OF 2015

                                 [@ SPECIAL LEAVE PETITION NO.2171 of 2015]

                         [@ SPECIAL LEAVE PETITION (C).....CC NO. 341 OF 2015]

                   DIRECTOR OF INCOME TAX
                   (INTERNATIONAL TAXATION)KOLKATA                        Appellant(s)

                                                          VERSUS

                   DONGFANG ELECTRIC CORPORATION                          Respondent(s)


                                                     O R D E R

Delay condoned.

Leave granted.

The learned counsel appearing for both the sides do not have any objection if the impugned order passed by the High Court confirming the order of the Tribunal as well as the order passed by the Tribunal are set aside and the matter is remitted to the Assessing Officer so that the assessment of the income or the assessment proceeedings can be considered afresh.

In the circumstances, the Assessing Officer is directed to make the assessment afresh after considering all the submissions which might be made by Signature Not Verified the assessee.

Jayant Kumar Arora Date: 2015.01.22 16:05:20 IST

The impugned order as well as the order of the Reason: Tribunal are quashed and set aside.  2 The Civil Appeal is disposed of as allowed with no order as to costs.

.......................J. [ANIL R. DAVE ] .......................J. [SHIVA KIRTI SINGH] New Delhi;

January 16, 2015.

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ITEM NO.18                     COURT NO.3                      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(s).
341/2015

(Arising out of impugned final judgment and order dated 20/01/2014 in ITA No. 178/2013 passed by the High Court Of Calcutta) DIRECTOR OF INCOME TAX ( INTERNATIONAL TAXATION) KOLKATA Petitioner(s) VERSUS DONGFANG ELECTRIC CORP Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date : 16/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mukul Rohtagi, Attorney General Mr. B. B. Sawhney, Sr. Adv.

Mr. Subash C. Acharya, Adv.

Ms. Rekha Pandey, Adv.

Mrs. Anil Katiyar, Adv.

For Respondent(s) Mr. Nageswar Rao, Adv.

Mr. Ambhoj Kumar Sinha, Adv.

UPON hearing counsel the Court made the following O R D E R The Civil Appeal is disposed of as allowed in terms of the signed order.

(Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Signed order is placed on the file)