Supreme Court - Daily Orders
Pr. Commissioner Of Income Tax 2 vs State Bank Of India on 4 August, 2022
Bench: M.R. Shah, B.V. Nagarathna
1
ITEM NO.13 COURT NO.9 SECTION IX
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) No(s). 21134/2019
(Arising out of impugned final judgment and order dated 17-01-2019 in WP
No. 3588/2018 passed by the High Court Of Judicature At Bombay)
PR. COMMISSIONER OF INCOME TAX 2 & ORS. Petitioner(s)
VERSUS
STATE BANK OF INDIA Respondent(s)
(IA No. 122865/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 04-08-2022 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. N. Venkataraman, ASG
Mr. Balbir Singh, ASG
Mr. Mohammed Akhil, Adv.
Mr. Zoheb Hossain, Adv.
Mr. Manish Pushkarna, Adv.
Mr. Rupesh Kumar, Adv.
Mr. V Chandrashekhar Bharathi, Adv.
Mr. Raj Bahadur Yadav, AOR
For Respondent(s) Mr. S.K. Bagaria, Sr. Adv.
Mr. Sanjay Kapur, AOR
Ms. Megha Karnwal, Adv.
Mr. Arjun Bhatia, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard Mr. N. Venkataraman, learned ASG, appearing for the petitioner(s) and Mr. S.K. Bagaria, learned Senior Advocate, appearing for the respondent.
Signature Not Verified We have gone through the impugned judgment and order passed by Digitally signed by R Natarajan Date: 2022.08.05 the High Court by which the High Court, vide detailed judgment and 16:49:11 IST Reason: order, has quashed and set aside the re-assessment proceedings and re-opening of the assessment in exercise of powers under Sections 2 147/148 of the Income Tax Act. From the material on record, it can be seen that the re-opening of the assessment was solely on change of opinion of the Assessing Officer and therefore, the High Court has rightly set aside the same.
We see no reason to interfere with the impugned judgment and order passed by the High Court. As such, we are in complete agreement with the view taken by the High Court setting aside the re-assessment proceedings/re-opening of the assessment. The Special Leave Petition stands dismissed. Pending application stands disposed of.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR