ITEM NO. 49 COURT NO.5 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).18759/2011 (From judgement and order dated 16/07/2010 in ITA No.140/2009 of HIGH COURT OF CALCUTTA) C.I.T,KOLKATA III Petitioner(s) VERSUS JHABUA POWER LTD. Respondent(s) (With appln(s) for c/delay in filing SLP and prayer for interim relief and office report) Date: 15/07/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Arijit Prasad, Adv. Mr. Rahul Kaushik, Adv. Ms. Rashmi Malhotra, Adv. Ms. Anil Katiyar, Adv. Mr. B.V. Balaram Das,Adv. For Respondent(s) Mr. Ramaesh Singh, Adv. Mr. A.T. Patra, Adv. for M/S. O.P. Khaitan & Co.,Advs. UPON hearing counsel Court made following ORDER Delay condoned. Leave granted. civil appeal is disposed of in terms of signed order. [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar [ Signed order is placed on file ] 1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5503 OF 2013 ( Arising out of SLP(C) No. 18759/2011) |C.I.T. Kolkata III |.. Appellant(s) | Versus |JHABUA POWER LTD. |.. Respondent(s) | ORDER 1. Delay condoned. 2. Leave granted. 3. This Court, vide order dated 11th July, 2011, while issuing notice, has stated two specific questions raised by Revenue for first time before this Court. questions are as follows : "(a) Whether on facts and in circumstances of case Income Tax Appellate Tribunal failed to appreciate that period of limitation in instant case is governed by provisions of Section 275(1) as penalty was initiated in assessment order itself and penalty order was issued within time in accordance with provisions of Section 275(1)(a) of Income Tax Act, 1961? (b) Whether on facts and in circumstances of case Income Tax Appellate Tribunal was justified in coming to conclusion that order of penalty was 2 barred under provisions of Section 275(1)(c) and failed to consider that penalty was initiated in assessment order itself and same was issued within time and in accordance with Section 275(1)(a) of Income Tax Act, 1961?" 4. In our considered view, these two questions requires to be answered first by Income Tax Appellate Tribunal (for short, "the Tribunal"). Accordingly, while allowing this appeal, we set aside judgment(s) and Order(s) passed by High Court and Tribunal. 5. We remand matter back to Tribunal and request Tribunal to decide aforesaid questions of law after affording opportunity of hearing to both parties. 6. Civil Appeal is disposed of accordingly. ........J. [ H. L. DATTU ] ......J. [ DIPAK MISRA ] NEW DELHI, JULY 15, 2013. CIT, Kolkata III v. Jhabua Power Ltd