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1 - 10 of 22 (0.44 seconds)Mahesh Damji Lapasia vs Income Tax Officer Ward Kalyan And Ors on 11 April, 2022
30. From a reading of the order of this Court dated 6-
4-2018 [Skylight Hospitality LLP v. CIT, (2018) 13
SCC 147] in the special leave petition filed by
Skylight Hospitality LLP against the judgment of the
Delhi High Court rejecting its challenge, it is evident
that the peculiar facts of the case weighed with this
Court in coming to this conclusion that there was
only a clerical mistake within the meaning of Section
292-B. The decision in Skylight Hospitality LLP
[Skylight Hospitality LLP v. CIT, 2018 SCC OnLine
Del 7155 : (2018) 405 ITR 296] has been
distinguished by the Delhi, Gujarat and Madras High
Courts in:
Jcit, Ghaziabad vs M/S. Spice Enfotainment Ltd., Noida on 12 March, 2018
34. The court, undoubtedly noticed Saraswati
Syndicate. Further, the judgment in Spice (supra) and
other line of decisions, culminating in this court's
order, approving those judgments, was also noticed.
Yet, the legislative change, by way of introduction of
Section 2(1A), defining "amalgamation" was not
taken into account. Further, the tax treatment in the
various provisions of the Act were not brought to the
notice of this court, in the previous decisions.
Sky Light Hospitality Llp vs Assistant Commissioner Of Income Tax on 6 April, 2018
30. From a reading of the order of this Court dated 6-
4-2018 [Skylight Hospitality LLP v. CIT, (2018) 13
SCC 147] in the special leave petition filed by
Skylight Hospitality LLP against the judgment of the
Delhi High Court rejecting its challenge, it is evident
that the peculiar facts of the case weighed with this
Court in coming to this conclusion that there was
only a clerical mistake within the meaning of Section
292-B. The decision in Skylight Hospitality LLP
[Skylight Hospitality LLP v. CIT, 2018 SCC OnLine
Del 7155 : (2018) 405 ITR 296] has been
distinguished by the Delhi, Gujarat and Madras High
Courts in:
Commissioner Of Income Tax Iii vs M/S. Sony Mobile Communications India ... on 20 April, 2021
16. Thus, applying the ratio laid down by the Hon'ble Supreme
Court, in case of Maruti Suzuki (supra) and by the Hon'ble
jurisdictional High Court in case of CIT vs. Sony Mobile
Communications India Pvt. Ltd. (supra) to the factual matrix of the
issue, we have no hesitation in holding that the impugned assessment
order passed in the name of a non-existent entity is void ab initio.
Spice Entertainment Ltd. vs Commissioner Of Service Tax on 3 August, 2011
29. The decision in Spice Entertainment [Spice
Entertainment Ltd. v. Commr. of Service Tax, 2011 SCC
OnLine Del 3210 : (2012) 280 ELT 43] was distinguished
with the following observations : (Skylight Hospitality case
[Skylight Hospitality LLP v. CIT, 2018 SCC OnLine Del
7155 : (2018) 405 ITR 296] , SCC OnLine Del para 19)
"19.
Principal Commissioner Of Income Tax ... vs M/S Mahagun Realtors (P) Ltd on 5 April, 2022
15. On the contrary, the factual analysis of both the cases, would
make it clear that Mahagun Realtor (supra) was decided based on its
own peculiar facts.
Section 292B in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax ... vs P.D Associates (P) Ltd (Amalgamated ... on 29 January, 2016
We do not find any reason to
interfere with the impugned judgment(s) [Spice
Entertainment Ltd. v. Commr. of Service Tax, 2011 SCC
OnLine Del 3210 : (2012) 280 ELT 43] , [CIT v. Dimension
Apparels (P) Ltd., 2014 SCC OnLine Del 7588 : (2015) 370
ITR 288] , [CIT v. Chanakaya Exports (P) Ltd., 2014 SCC
OnLine Del 7678] , [CIT v. Chanakaya Exports (P) Ltd., ITA
No. 721 of 2014, order dated 24-11-2014, [CIT v. Radha
Appearals (P) Ltd., 2015 SCC OnLine Del 14568] , [CIT v.
Intel Technology India (P) Ltd., 2015 SCC OnLine Kar
9493] , [CIT v. Chanakaya Exports (P) Ltd., 2015 SCC
OnLine Del 14567] , [CIT v. Mayank Traders (P) Ltd., 2015
SCC OnLine Del 14633] , [CIT v. P.D. Associates (P) Ltd.,
2015 SCC OnLine Del 14632] , [CIT v. Foryu Overseas (P)
Ltd., 2015 SCC OnLine Del 14566] , [CIT v. Sapient
Consulting Ltd., 2016 SCC OnLine Del 6615] passed by the
High Court. In view of this, we find no merit in the appeals
and special leave petitions. Accordingly, the appeals and
special leave petitions are dismissed.
Rajender Kumar Sehgal vs Income Tax Officer Ward 56(1) New Delhi on 11 November, 2018
(i) Rajender Kumar Sehgal [Rajender Kumar
Sehgal v. CIT, 2018 SCC OnLine Del 12890] ;