Supreme Court - Daily Orders
Commissioner Of Income Tax Chandigarh vs Chandigarh Housing Board on 30 April, 2014
øI.A.No.2 in SLP(C)No.5346/13 1
ITEM NO.3 COURT NO.14 SECTION IIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.No.2 In Petition(s) for Special Leave to Appeal (Civil)
No(s).5346/2013
(From the judgement and order dated 07/05/2012 in ITA No.41/2012
of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
COMMISSIONER OF INCOME TAX CHANDIGARH Petitioner(s)
VERSUS
CHANDIGARH HOUSING BOARD Respondent(s)
(For submitting the record of discussion and office report)
Date: 30/04/2014 This I.A.was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.K. SIKRI
(IN CHAMBERS)
For Petitioner(s) Mr.Shankar Divate, Adv.
Mrs. Anil Katiyar, AOR
For Respondent(s) Mr. Chandra Prakash, Adv.
Mr.Ritu Raj Biswas, Adv.
UPON hearing counsel the Court made the following
O R D E R
This special leave petition is filed against an interim order dated 07.05.2012 passed by the High Court in ITA No.41/12. Since the matter is between the Income Tax Department and the Chandigarh Housing Board, which is a statutory Board under the provisions of Chandigarh Administration, there was some discussion of an amicable settlement of the dispute between the parties. The ‘Record of Discussion’ held on 14.05.2013 is placed on record in I.A.No.2 of 2014. A perusal thereof would demonstrate that a sum of Rs.278 crores, which was deposited by the Chandigarh Housing I.A.No.2 in SLP(C)No.5346/13 2 Board in the Government treasury, is agreed to be adjusted in Income Tax head and it is treated as final insofar as liability of Income Tax is concerned. Having regard to the settlement reached between the parties, it is clear that the dispute regarding payment of tax by the Chandigarh Housing Board to the Income Tax Department stands resolved. It is further agreed that no penalty proceeding would be initiated against the Chandigarh Housing Board. However, it is also stated that the decision in this regard can further be taken only by the competent Income Tax authority.
Needless to mention that the competent authority shall keep in mind the spirit of the agreement arrived at in ‘Record of Discussions’.
The parties shall also approach the High Court for disposal of the pending ITA.
In view thereof, this special leave petition is disposed of.
As a sequel to disposal of the special leave petition, I.A.No.2 of 2014 is also disposed of.
(Satish K.Yadav) (Minakshi Mehta) Court Master Court Master