Supreme CourtDivision Bench(2007) 03 SC CK 0144

Speed Lines P. Ltd. vs Commissioner of Income-Tax

Supreme Court Of India · Decided on 9 March 2007 · Citation: (2007) NCC 377

HON’BLE JUDGES
Dr. A.R. Lakshmanan and Altamas Kabir, JJ.
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 1245 of 2007 in I.T.A. No. 327 of 2005

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Judgment

10 paragraphs · 212 words
1.

Leave granted.

2.

Heard Mr. Bhargava V. Desai, learned counsel for the appellant and Mr. Vikas Singh, learned Additional Solicitor-General for the respondent.

3.

The appellant aggrieved against the order dated August 23, 2005, passed by the High Court of Delhi in Income-tax Appeal No. 327 of 2005 filed the present appeal in this court on the ground that the order passed by the High Court is non-speaking. The High Court on August 23, 2005, has passed the following order which reads thus :

"Dated August 23, 2005

I.T. Appeal No. 327 of 2005

Heard.

No substantial question of law arises for consideration.

Dismissed."

4.

While entertaining the special leave petition, this court issued notice to the respondent limited to the question as to why the matter should not be remanded back to the High Court. Since the order of the High Court is non-speaking, we are of the view that the order is liable to be set aside and the matter be remitted to the High court for fresh consideration of the entire matter on the merits and in accordance with law. We, therefore, allow this appeal and remit the matter to the High Court with a request to dispose of the same as expeditiously as possible.

5.

No costs.