Calcutta High Court
Commissioner Of Income Tax vs M/S. S. Majumder & Co on 1 October, 2010
Author: Sengupta
Bench: Sengupta, Kanchan Chakraborty
ITAT No. 205 of 2010
GA No. 3010 of 2010
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
[ Income Tax ]
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-XIX
Versus
M/S. S. MAJUMDER & CO.
BEFORE:
The Hon'ble JUSTICE SENGUPTA
A N D The Hon'ble JUSTICE KANCHAN CHAKRABORTY Date : 1st October, 2010.
The learned Tribunal had decided the matter following the judgment of this Court as well as the judgment of the Guwahati High Court judgment.
Mr. Nizumuddin, learned advocate, submits that his client has preferred an appeal against the judgment and order of this court, which has been relied on by the learned Tribunal. The Special Leave Petition has been admitted and the same is kept pending for hearing.
We are of the view that mere pendency of the matter before the Hon'ble Supreme Court will not change the position of the law. Accordingly, we dismiss the appeal and we make it clear that in the event the Hon'ble Supreme Court decides the matter, obviously the said judgment will cover the field and the judgment and order of the learned Tribunal will automatically be ineffective.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) sm AR[CR]