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Supreme Court - Daily Orders

Commissioner Of Income Tax vs M/S Gagandeep Infrastructure Pvt Ltd on 2 April, 2018

Bench: Adarsh Kumar Goel, Rohinton Fali Nariman

                                                     1

     ITEM NO.53                              COURT NO.10               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).   5759/2018

     (Arising out of impugned final judgment and order dated 20-03-2017
     in ITA No. 1613/2014 passed by the High Court of Judicature at
     Bombay)

     COMMISSIONER OF INCOME TAX                                        Petitioner(s)

                                                    VERSUS

     M/S GAGANDEEP INFRASTRUCTURE PVT LTD                              Respondent(s)

     (IA No.20751/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 02-04-2018 This petition was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                           HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN


     For Petitioner(s)               Mr. Devashish Bharuka, Adv.
                                     Mr. Ritesh Kumar, Adv.
                                     Mrs. Anil Katiyar, AOR

     For Respondent(s)               None.


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

Heard.

The impugned order is modified. The following question which may also be considered in the appeal:-

“(i) Whether on facts and circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs.7,53,50,000/- u/s. 68 of the Act, being Signature Not Verified share capital share premium received during the year when the Assessing Officer held the same as unexplained Digitally signed by SWETA DHYANI Date: 2018.04.03 17:35:51 IST Reason: cash credit.” 2 The special leave petition is disposed of in above terms.
Pending applications, if any, are also stand disposed of.
(SWETA DHYANI)                                    (SUMAN JAIN)
SENIOR PERSONAL ASSISTANT                         BRANCH OFFICER