Supreme Court - Daily Orders
Commissioner Of Income Tax.,New Delhi vs M/S Sun Pharmaceuticals Industries ... on 1 September, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
Civil Appeal No(s). 9105/2017 etc.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9105 OF 2017
COMMISSIONER OF INCOME TAX.,NEW DELHI ETC. APPELLANT(S)
VERSUS
M/S SUN PHARMACEUTICALS INDUSTRIES LIMITED. ETC. RESPONDENT(S)
WITH
C.A. No. 9887/2018
C.A. No. 8755/2017
C.A. No. 9107/2017
C.A. No. 9109/2017
C.A. No. 9110/2017
C.A. No. 9112/2017
C.A. No. 9113/2017
O R D E R
CIVIL APPEAL NOS. 9105 OF 2017 AND 9112/2017
In view of the low tax effect, as admitted at the Bar, the appeals are disposed of as not pressed by the Revenue, leaving the question of law open.
The appeals are disposed of.
Signature Not Verified Pending application(s), if any, shall stand disposed of. Digitally signed by SONIA BHASIN Date: 2022.09.07 18:41:02 IST Reason: 1 Civil Appeal No(s). 9105/2017 etc. CIVIL APPEAL NOS. 9887/2018, 8755/2017, 9107/2017, 9109/2017, 9110/2017, 9112/2017 AND 9113/2017 At the request made by the learned counsel for the parties, re-list after two weeks.
Two issues arise for consideration: first, whether a reassessment order would be valid, in case no addition is made by the Assessing Officer, on account of the grounds mentioned in the reasons to believe for issue of notice under Section 147 of the Income Tax Act, 1961? Secondly, whether the additions made in the reassessment order are valid and justified?
In view of the aforesaid, parties would file a chart in each case reproducing the reasons to believe and the ground on which the Assessing Officer had made the addition in the reassessment order. The result of the appellate proceedings would be indicated in the said chart.
……………………………………………. .J. [SANJIV KHANNA] ……………………………………………. .J. [J.K. MAHESHWARI] NEW DELHI;
SEPTEMBER 01 , 2022.
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Civil Appeal No(s). 9105/2017 etc. ITEM NO.103 COURT NO.12 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). 9105/2017 COMMISSIONER OF INCOME TAX.,NEW DELHI Appellant(s) VERSUS M/S SUN PHARMACEUTICALS INDUSTRIES LIMITED. Respondent(s) WITH C.A. No. 9887/2018 (III) C.A. No. 8755/2017 (III) C.A. No. 9107/2017 (XIV-A) C.A. No. 9109/2017 (III) C.A. No. 9110/2017 (XII-A) C.A. No. 9112/2017 (XIV-A) C.A. No. 9113/2017 (XIV-A) Date : 01-09-2022 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Parties Mr. Balbir Singh, ASG Mr. H.R. Rao, Adv.
Ms. Niranjana Singh, Adv.
Mr. Anirudh Sharma, Adv.
Ms. Monica Benjamin, Adv.
Mr. Raj Bahadur Yadav, AOR Mrs. Anil Katiyar, AOR Mr. Salil Kapoor, Adv.
Mr. Sunil Lalchandani, Adv.
Ms. Ananya Kapoor, Adv.3
Civil Appeal No(s). 9105/2017 etc. Vibhu Jain, Adv.
Ms. Kavita Jha, AOR Mr. Udit Naresh, Adv.
Mr. Vaibhav Kulkarni, Adv.
Mayank Nagi, Adv
Ms. Mahua Kalra, AOR
Mr. Kamal Mohan Gupta, AOR
Mr. Praveen Swarup, AOR
Mr. Nishant Thakker, Adv.
Ms. Jasmin Amalsadvala, Adv.
Mr. Parth, Adv.
Mr. Ranjan Nikhil Dharnidhar, Adv.
Mr. Kishore Kunal, AOR
Mr. Ved Jain, Adv.
Mr. Jay Kishor Singh, AOR
UPON hearing the counsel the Court made the following O R D E R CIVIL APPEAL NOS. 9105 OF 2017 AND 9112/2017 The appeals are disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
CIVIL APPEAL NOS. 9887/2018, 8755/2017, 9107/2017, 9109/2017, 9110/2017 AND 9113/2017 At the request made by the learned counsel for the parties, re-list after two weeks.
Two issues arise for consideration: first, whether a reassessment order would be valid, in case no addition is made by the Assessing Officer, on account of the grounds mentioned in the reasons to believe for issue of notice under Section 147 of the Income Tax Act, 1961? Secondly, whether the additions 4 Civil Appeal No(s). 9105/2017 etc. made in the reassessment order are valid and justified?
In view of the aforesaid, parties would file a chart in each case reproducing the reasons to believe and the ground on which the Assessing Officer had made the addition in the reassessment order. The result of the appellate proceedings would be indicated in the said chart.
(SONIA BHASIN) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on the file] 5