Commissioner Of Income-Tax vs M/S. Sun Engineering Works (P.) Ltd. on 17 September, 1992
Equivalent citations: [1992]SUPP1SCR732A, AIR 1993 SUPREME COURT
Sun Engineering Works (P.) Ltd. vs Commissioner Of Income-Tax on 17 November, 1976
Equivalent citations: [1978]111ITR166(CAL)
JUDGMENT
Dipak Kumar ... instance of the assessee, viz., Messrs. Sun Engineering Works (P.) Ltd., the assessment years involved are 1960-61 and 1961-62. The facts which have
Supreme Court in the case of CIT v. Sun Engineering Works P. Ltd. (1992) 198 ITR 297 (SC) held that higher depreciation cannot be claimed ... decisions of the Apex Court in the case of CIT v. Sun Engineering Works P. Ltd. ( supra) and Chettinad Corporation
covered by the judgment of the Supreme Court in CIT v. Sun Engineering Works P. Ltd. wherein it was held that where reassessment is made ... forward all pleas were considered by the Supreme Court in Sun Engineering Works P. Ltd, , and it was observed that the same support their conclusions
have clearly discussed the case of the CIT v. Sun Engineering Works (P) Ltd. (1992) 107 CTR (SC) 209 and have come to the conclusion ... enumerated by the Supreme Court in the case of CIT v. Sun Engineering Works (P) Ltd. (supra).
In the present case, it is seen that
that a firm in the name and style of M/s Sun Engineering
Enterprises (which was a non existent firm) and whose
account was operated ... proved that Account
No. 1787 was opened in the name of Sun Engineering
Enterprises operated by Johar Das), PW 12 - Pankaj Kr
Bose (another Postman
Supreme
Court in the case of CIT Vs. Sun Engineering Works (P)
Ltd. reported in (1992) 198 ITR 297 (SC), and the
decision ... Supreme Court in the case of CIT Vs.
Sun Engineering Works (P) Ltd. (supra), reassessment
proceedings under Section
Supreme Court in the case of M/s
Sun Engineering Works Private Ltd reported in 198 ITR 297 are not applicable in
the given ... having perused the judgemtn of Hon'ble
supreme court in Sun Engineering works ( P) Ltd. case (1992) 198 ITR 297 we have no
hesitation
decisions
of Hon'ble Supreme Court in the case of Sun Engineering Works
Pvt. Ltd., reported in 198 ITR 297 and the decision ... decision of Hon'ble Apex
Court in the case of Sun Engineering Works Pvt. Ltd., (Supra)
and Chettinad Corporation Pvt. Ltd., (Supra) would apply
Supreme Court in case of CIT V. Sun
Engineering W orks P. Ltd, 198 ITR 297 wherein it was held that
reassessment proceedings is only ... wherein it was clarified that the
decision of Sun Engineering (supra) has not been overruled.
13 W e have considered the rival submissions carefully
