Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 3]

Supreme Court - Daily Orders

The Pr. Commissioner Of Income Tax 17 vs Rajan N Aswani on 18 November, 2022

                                                 1
         SLP (C) 2627/2019



      ITEM NO.35                         COURT NO.1                 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).     2627/2019

      (Arising out of impugned final judgment and order dated 24-02-2018
      in ITA No. 606/2015 passed by the High Court Of Judicature At
      Bombay)

      THE PR. COMMISSIONER OF INCOME TAX 17                          Petitioner(s)

                                                VERSUS

      RAJAN N ASWANI                                                 Respondent(s)

      (IA No. 4299/2019 - CONDONATION OF DELAY IN FILING IA No. 4301/2019
      - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

      WITH

      SLP(C) No. 21896/2019 (IX)

      Date : 18-11-2022 These matters were called on for hearing today.

      CORAM :            HON'BLE THE CHIEF JUSTICE
                         HON’BLE MS. JUSTICE HIMA KOHLI

      For Petitioner(s)            Mr. Balbir Singh, ASG
                                   Ms. Gargi Khanna, Adv.
                                   Ms. Seema Bengani, Adv.
                                   Ms. Nisha Bagchi, Adv.
                                   Mr. shyam Gopal, Adv.
                                   Ms. Megha Karanwal, Adv.
                                   Mr. Udai Khanna, Adv.
                                   Mr. Raj Bahadur Yadav, Adv.

                                   Mr. Sanjay Jain, ASG
                                   Mr. M.K. Maroria, AOR
                                   Ms. B. sunita Rao, Adv.
                                   Mr. Padmesh Mishra, Adv.
                                   Mr. Arkaj Kumar, Adv.
                                   Mr. Anukalp Jain, Adv.
Signature Not Verified

Digitally signed by
      For Respondent(s)
GULSHAN KUMAR
ARORA
Date: 2022.11.18
                                    Ms. Manisha T. Karia, AOR
17:57:11 IST
Reason:
                                            2
SLP (C) 2627/2019




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

SLP (C) No 2627 of 2019 1 The tax effect in the present case is stated to be Rs 28.79 lakhs in the listing proforma.

2 The Special Leave Petition is, accordingly, dismissed only on the ground of low tax effect.

3 However, the questions of law are left open. 4 Pending applications, if any, stand disposed of. SLP (C) No 21896 of 2019 5 The only issue which was raised in the Special Leave Petition by the Revenue pertains to a loan of Rs.1.02 crores received by the assessee from a company in which a shareholder was alleged to have 16% voting rights and over 20% in the share capital of the assessee.

6 In view of the low tax effect, it is not necessary to entertain the Special Leave Petition. The Special Leave Petition is accordingly dismissed. 7 However, the questions of law are left open. 8 Pending applications, if any, stand disposed of.




(GULSHAN KUMAR ARORA)                                          (SAROJ KUMARI GAUR)
     AR-CUM-PS                                                 ASSISTANT REGISTRAR