C.I.T-II, Bangalore & Anr. v. M/s Cauvery Electricals
[Citation -2014-LL-0203-51]

Citation 2014-LL-0203-51
Appellant Name C.I.T-II, Bangalore & Anr.
Respondent Name M/s Cauvery Electricals
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 03/02/2014
Judgment View Judgment
Bot Summary: UPON hearing counsel the Court made the following ORDER Liberty is given to the Department to move the High Court pointing out that the Circular dated 9th February, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income Tax Act, 1961, in which a common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases if attention of the High Court is drawn, the High Court will not apply the circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in two weeks. The special leave petition is, accordingly, disposed of.


ITEM NO.55 COURT NO.3 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).23456/2012 (From judgement and order dated 21/02/2012 in ITA No.2800/2005 of HIGH COURT OF KARNATAKA AT BANGALORE) C.I.T-II BANGALORE & ANR. Petitioner(s) VERSUS M/S CAUVERY ELECTRICALS Respondent(s) (With office report) Date: 03/02/2014 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Rajiv Dutta, Sr. Adv. Mrs. Anita Sahni, Adv. Mr. Rupesh Kumar, Adv. Mrs Anil Katiyar,Adv. For Respondent(s) Mr.Senthil Jagadeesan,Adv. UPON hearing counsel Court made following ORDER Liberty is given to Department to move High Court pointing out that Circular dated 9th February, 2011, should not be applied ipso facto, particularly, when matter has cascading effect. There are cases under Income Tax Act, 1961, in which common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases if attention of High Court is drawn, High Court will not apply circular ipso facto. For that purpose, liberty is granted to Department to move High Court in two weeks. special leave petition is, accordingly, disposed of. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] | |Court Master | |Asstt. Registrar | C.I.T-II, Bangalore & Anr. v. M/s Cauvery Electrical
Report Error