Supreme CourtDivision Bench(2015) 07 SC CK 0132

Commissioner of Income Tax vs Suman Dhamija

Supreme Court Of India · Decided on 1 July 2015 · Citation: (2015) 279 CTR 329 : (2015) 325 ELT 11

HON’BLE JUDGES
J.S. Khehar, J · A.K. Goel, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal Nos. 4919-4920 of 2015 (Arising from SLP (C) Nos. 31042-31043/2013) and Civil Appeal Nos. 4921-4922 of 2015 (Arising from SLP (C) Nos. 18058-18059/2014)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 165 words
1.

Delay condoned.

2.

Leave granted.

3.

The appeals and review petitions preferred by the Appellants before the High Court, were disposed of on the basis of the instructions issued by the Central Board of Direct Taxes dated 9.2.2011. It is not a matter of dispute, that all the appeals were preferred prior to 2011, whereas, the instructions dated 9.2.2011 clearly indicate in paragraph 11 thereof, that they shall not govern cases which have been filed before 2011, and that, the same will govern only such cases which are filed after the issuance of the aforesaid instructions dated 9.2.2011.

4.

In view of the above, the instant appeals are allowed, the impugned orders passed by the High Court dated 07.04.2011, 28.02.2011, 26.03.2012 and 31.05.2012 are hereby set aside. The matters are remitted back to the High Court for re-adjudication of the appeals on merits, in accordance with law.

5.

Delay condoned.

6.

Leave granted.

7.

The appeals are allowed in terms of the signed order.