Supreme Court - Daily Orders
The Principal Commissioner Of Income ... vs M/S Pratham Developers on 23 July, 2021
Bench: Sanjay Kishan Kaul, Hemant Gupta
ITEM NO.18 Court 7 (Video Conferencing) SECTION III
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). 9020/2021
(Arising out of impugned final judgment and order dated 02-03-2020
in TA No. 26/2020 passed by the High Court Of Gujarat At Ahmedabad)
THE PRINCIPAL COMMISSIONER OF INCOME TAX VADODARA 1Petitioner(s)
VERSUS
M/S PRATHAM DEVELOPERS Respondent(s)
Date : 23-07-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Balbir Singh, ASG
Mr. D.L. Chidananda, Adv.
Ms. Praveena Gautam, Adv.
Mr. Shyam Gopal, Adv.
Ms. Meena Patel, Adv.
Mr. Udai Khanna, Adv.
Mr. B. V. Balaram Das, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned Additional Solicitor General submits that even dependent on the extent of infraction there are different views of High Courts qua allowing deduction under Section 80IB (10) of the Income Tax Act,1961 and in any case the Order relied upon dealt with infraction upto 25% whereas in the facts of the present case the infraction is 35%.
Issue notice.
Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2021.07.27 19:04:20 IST [RASHMI DHYANI] [POONAM VAID] Reason: COURT MASTER COURT MASTER (NSH)