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Supreme Court - Daily Orders

C.I.T,Delhi vs M/S Dcm Shriram Consolidated Ltd. on 10 September, 2014

Bench: Kurian Joseph, Rohinton Fali Nariman

                          IN THE SUPREME COURT OF INDIA

                          CIVIL    APPELLATE JURISDICTION

                         CIVIL APPEAL NO. 3461 OF 2010

       COMMISSIONER OF INCOME-TAX, DELHI            ...   APPELLANT(s)

                                  Versus

       M/S. DCM SHRIRAM CONSOLIDATED LTD.       ... RESPONDENT(s)
                                WITH
                      CIVIL APPEAL NO. 3463 OF 2010

           COMMISSIONER OF INCOME-TAX-IV, DELHI     ...   APPELLANT(s)

                                  Versus

       M/S. DCM SHRIRAM CONSOLIDATED LTD.           ...   RESPONDENT(s)

                                    WITH
                         CIVIL APPEAL NO. 3465 OF 2010

           COMMISSIONER OF INCOME-TAX, DELHI        ...   APPELLANT(s)

                                  Versus

       M/S. DCM SHRIRAM CONSOLIDATED LTD.           ...   RESPONDENT(s)

                                   WITH
                         CIVIL APPEAL NO. 3466 OF 2010

           COMMISSIONER OF INCOME-TAX               ...   APPELLANT(s)

                                  Versus

       M/S. DCM SHRIRAM CONSOLIDATED LTD.           ...   RESPONDENT(s)
Signature Not Verified

Digitally signed by
Pardeep Kumar
Date: 2014.09.17
18:02:11 SAST
Reason:
                           : 2 :

                            WITH
                  CIVIL APPEAL NO. 8909 OF 2012

COMMISSIONER OF INCOME-TAX, DELHI                   ...   APPELLANT(s)

                            Versus

M/S. DCM SHRIRAM CONSOLIDATED LTD.       ... RESPONDENT(s)
                         WITH
               CIVIL APPEAL NO. 8969 OF 2014
        [ARISING OUT OF S.L.P. (C) NO. 31206 OF 2011]

COMMISSIONER OF INCOME-TAX                          ...   APPELLANT(s)

                            Versus

M/S. DCM SHRIRAM CONSOLIDATED LTD.       ... RESPONDENT(s)
                         WITH
               CIVIL APPEAL NO. 8970 OF 2014
        [ARISING OUT OF S.L.P. (C) NO. 19006 OF 2012]

COMMISSIONER OF INCOME-TAX, NEW DELHI               ...   APPELLANT(s)

                            Versus

M/S. DCM SHRIRAM CONSOLIDATED LTD.                  ...   RESPONDENT(s)

                       O    R   D    E   R

             Delay condoned.

   2.        Leave granted in S.L.P. (C) Nos. 31206 of

   2011 and 19006 of 2012.

   3.        We    have     heard    Mr.     V.   Shekhar,    learned

   senior counsel for the revenue and Mr. V.P. Gupta,

   learned   counsel for the assessee.
                          : 3 :

4.         The High Court in the impugned order has

relied upon the decision of six-Judge Bench of this

Court in Tata Iron & Steel Company Limited                 and

others vs. State of Bihar1.        The proposition of law

propounded in TISCO1 has rightly been applied by

the High Court in the facts and circumstances of

the   case.       The   view   taken   by   the   High   Court,

therefore, is in conformity with the law laid down

in TISCO1.     No interference is called for.

5.         Civil Appeals are, accordingly, dismissed

with no order as to costs.

                                .......................CJI.
                                (R.M. LODHA)


                                ........................J.
                                (KURIAN JOSEPH)


NEW DELHI;                      ........................J.
SEPTEMBER 10, 2014              (ROHINTON FALI NARIMAN)




1 (1963) 48 ITR 123
ITEM NO.108                  COURT NO.1                 SECTION IIIA

               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).   3461/2010

C.I.T,DELHI                                             Appellant(s)

                                   VERSUS

M/S DCM SHRIRAM CONSOLIDATED LTD.                       Respondent(s)

WITH
C.A. No. 3463/2010
(With Office Report), C.A. No. 3465/2010(With Office Report)
C.A. No. 3466/2010(With Office Report)
SLP(C) No. 31206/2011(With Office Report)
SLP(C) No. 19006/2012(With Office Report)
C.A. No. 8909/2012(With Office Report)

Date : 10/09/2014 These appeals/petitions were called on for
hearing today.
CORAM :
             HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE KURIAN JOSEPH
             HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Appellant(s)     Mr.   V. Shekhar, Sr. Adv.
                     Mr.   D.L. Chidanand, Adv.
                     Mr.   Vikas Malhotra, Adv. for
                     Ms.   Anil Katiyar, Adv.

For Respondent(s)    Mr. V.P. Gupta, Adv.
                     Mr. Jagdish Kumar Chawla,Adv.

                     Mr. Sudeep Dey, Adv.
                     Mr. Prem Prakash, Adv.
                     Mr. Naveen Kumar,Adv.

          UPON hearing the counsel the Court made the following
                             O R D E R

Leave granted in special leave petitions. Civil Appeals are dismissed in terms of signed order with no order as to costs.



         (PARDEEP KUMAR)                        (RENU DIWAN)
            AR-cum-PS                           COURT MASTER

[SIGNED ORDER IS PLACED ON THE FILE]