Supreme Court - Daily Orders
Mayura Prime Estates Ltd. vs Income Tax Settlement Commission . on 17 October, 2014
Bench: Anil R. Dave, Kurian Joseph
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9946 OF 2014
(Arising out of SLP(C)No.10770 of 2014)
MAYURA PRIME ESTATES LTD. & ORS. ... APPELLANTS
VS.
INCOME TAX SETTLEMENT COMMISSION & ORS. ... RESPONDENTS
O R D E R
Leave granted.
Heard the learned counsel.
The submission which has been made by the learned counsel for the appellants is that the appellants have to deposit 50% of the total amount demanded in the proceedings, which is not possible for them as all their assets have been attached at present by the Respondent-Department.
The Appellants have approached this Court at an interlocutory stage. The interim order passed by the High Court, whereby they have been permitted to deposit 50% of the amount of tax, interest and penalty, has been confirmed by the Division Bench.
Signature Not Verified Digitally signed by Sarita Purohit Date: 2014.10.29 16:11:47 IST Reason: 1 Looking at the peculiar facts of the case, we direct that if the appellants deposit a further sum of Rs.3 crores (three crores) within one month from today with the Assessing Officer and proof thereof is shown to the learned Single Judge of the High Court, the learned Single Judge of the High Court shall entertain an application, which might be filed by the appellants showing his financial difficulties, so that the interim order dated 6.11.2013 passed in S.B. Civil Writ Petition No.15409 of 2013 can be modified.
In view of the above order, the civil appeal is disposed of accordingly.
..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi;
October 17, 2014.
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ITEM NO.43 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) No(s).10770/2014 (Arising out of impugned final judgment and order dated 21/11/2013 in DBSAW No.1256/2013 passed by the High Court Of Rajasthan At Jaipur) MAYURA PRIME ESTATES LTD. & ORS. Petitioner(s) VERSUS INCOME TAX SETTLEMENT COMMISSION & ORS. Respondent(s) Date : 17/10/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Sanjay Jhanwar,Adv.
Mr. Tarun Gupta,Adv.
For Respondent(s) Mr. Tushar Mehta,ASG Mr. Arijit Prasad,Adv.
Mr. Sahil Tagotra,Adv.
Mrs. Anil Katiyar,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed order is placed on the file) 3