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Supreme Court - Daily Orders

Department Of Income Tax vs Vodafone Essar Gujarat Ltd on 15 April, 2015

Bench: Fakkir Mohamed Ibrahim Kalifulla, Shiva Kirti Singh

  ITEM NO.2                             COURT NO.7                 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).   29819/2012

  (Arising out of impugned final judgment and order dated 27/08/2012
  in OJA No. 81/2010, CA No. 183/2009, CA No. 254/2009 passed by the
  High Court of Gujarat at Ahmedabad)

  DEPARTMENT OF INCOME TAX                                           Petitioner(s)

                                                 VERSUS

  VODAFONE ESSAR GUJARAT LTD & ANR.                Respondent(s)
  (With appln. (s) for permission to file additional documents and
  urging addl. grounds)

  WITH
  SLP(C) No. 22679/2013
  (With Office Report)

  Date : 15/04/2015 These petitions were called on for hearing
  today.

  CORAM :
                         HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
                         HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

  For Petitioner(s)                     Mr. Yashank Adhyru, Sr. Adv.
                                        Mr. Arijit Prasad, Adv.
                                        Mr. S.A. Haseeb, Adv.
                                        Mrs. Anil Katiyar,Adv.


  For Respondent(s)                     Mr.   Harish N. Salve, Sr. Adv.
                                        Mr.   Mihir Joshi, Sr. Adv.
                                        Ms.   Anuradha Dutt, Adv.
                                        Mr.   Sandeep Singhi, Adv.
                                        Mr.   Anish Kapur, Adv.
                                        Ms.   Ekta Kapil, Adv.
                                        Mr.   Kuber Dewan, Adv.
                                        Ms.   Neeharika Aggarwal, Adv.
                                        Ms.   B. Vijayalakshmi Menon,Adv.
                                        Mr.   Karan Lahiri, Adv.
                                        Mr.   Parth Contractor, Adv.
Signature Not Verified

Digitally signed by
Neeta Sapra
Date: 2015.04.16
16:16:15 IST
                                        Mr. Pradeep Misra,Adv.
Reason:


                                        Ms. Binu Tamta, Adv.
                                        Ms. Movita, Adv.
                                        Ms. Sushma Suri,Adv.
                                    -2-

                          Mr.    Percival Billimoria, Adv.
                          Mr.    Saran Thakur, Adv.
                          Mr.    Siddarth Barua, Adv.
                          Mr.    Utpal Kant, Adv.
                          Mr.    Samir, Adv.
                          Mr.    N. Ganpathy,Adv.

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

Heard learned counsel for the parties.

We are not inclined to entertain the special leave petitions. The special leave petitions are, accordingly, dismissed. We only state that the Income Tax Department is entitled to take out appropriate proceedings for recovery of any tax statutarily due from the transferor or transferee company or any other person who is liable for payment of such tax due.

         (Neeta)                                       (Sharda Kapoor)
         Sr. P.A.                                        Court Master