C.I.T.-III v. Ashwin Machharam Reshamwala (HUF) - 2014-LL-0304-41

Citation	2014-LL-0304-41
Appellant Name	C.I.T.-III
Respondent Name	Ashwin Machharam Reshamwala (HUF)
Court	SUPREME COURT
Relevant Act	Income-tax
Date of Order	04/03/2014
Judgment	View Judgment
Bot Summary:	This Court while issuing notice on 02.04.2012 had directed as under: .... Issue notice as to why these matters should not be remitted to the High Court for not considering the scope and applicability of Section 50C of Income Tax Act, 1961. Pursuant to the notice issued by this Court, Shri Amar Dave, learned counsel appears for the respondents. He tried to convince us that the matters need not go before the High Court to consider the scope and applicability of Section 50C of the Income Tax Act, 1961. After carefully considering the submission so made by learned counsel, we are of the opinion that in the facts and circumstances, this case requires to be remitted back to the High Court, not only to consider the provisions of Section 50C of the Act, but also Sections 45 and 48 of the Act. Accordingly, we set aside the impugned judgment(s) and order(s) remit the matter back to the High Court to consider the provisions of Sections 45, 48 and 50C of the Act. In view of order passed in Civil Appeal arising out of S.L.P.(C) No. 12068 of 2012 these matters are remitted back to the High Court. The matters are remitted back to the High Court in view of order passed in civil appeal arising out SLP(C) No. 12068 of 2012.

IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3528 OF 2014 (Arising out of SLP(C) No. 12068 of 2012) |C.I.T.-III |.. Appellant(s) | Versus |Ashwin Manchharam Reshamwala |.. Respondent(s) | |(HUF) | | WITH CIVIL APPEAL NO.3529 OF 2014 (Arising out of SLP(C) No. 12069 of 2012) CIVIL APPEAL NO.3530 OF 2014 (Arising out of SLP(C) No. 12070 of 2012) CIVIL APPEAL NO.3531 OF 2014 (Arising out of SLP(C) No. 12071 of 2012) CIVIL APPEAL NO.3432 OF 2014 (Arising out of SLP(C) No. 11872 of 2012) CIVIL APPEAL NO.3433......OF 2014 (Arising out of SLP(C) No. 11873 of 2012) CIVIL APPEAL NO.3534 OF 2014 (Arising out of SLP(C) No. 11871 of 2012) ORDER Civil Appeal arising out of S.L.P.(C) No. 12068 of 2012) 1. Leave granted. 2. This Court while issuing notice on 02.04.2012 had directed as under: ".... Issue notice as to why these matters should not be remitted to High Court for not considering scope and applicability of Section 50C of Income Tax Act, 1961. ..." 3. Pursuant to notice issued by this Court, Shri Amar Dave, learned counsel appears for respondents. He tried to convince us that matters need not go before High Court to consider scope and applicability of Section 50C of Income Tax Act, 1961 (for short, "the Act"). 4. After carefully considering submission so made by learned counsel, we are of opinion that in facts and circumstances, this case requires to be remitted back to High Court, not only to consider provisions of Section 50C of Act, but also Sections 45 and 48 of Act. 5. Accordingly, we set aside impugned judgment(s) and order(s) remit matter back to High Court to consider provisions of Sections 45, 48 and 50C of Act. 6. Civil Appeal is disposed of accordingly. CIVIL APPEAL NO.3529 OF 2014 (Arising out of SLP(C) No. 12069/2012) CIVIL APPEAL NO.3530 OF 2014 (Arising out of SLP(C) No. 12070/2012) CIVIL APPEAL NO.3531 OF 2014 (Arising out of SLP(C) No. 12071/2012) CIVIL APPEAL NO.3532 OF 2014 (Arising out of SLP(C) No. 11872/2012) CIVIL APPEAL NO.3533 OF 2014 (Arising out of SLP(C) No. 11873/2012) CIVIL APPEAL NO.3534 OF 2014 (Arising out of SLP(C) No. 11871/2012) Leave granted. In view of order passed in Civil Appeal arising out of S.L.P.(C) No. 12068 of 2012 these matters are remitted back to High Court. Civil Appeals are disposed of accordingly. ....................J. [ H.L. DATTU ] ....................J. [ S.A. BOBDE ] NEW DELHI, MARCH 04, 2014. ITEM NO.12 COURT NO.3 SECTION IIIA
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).12068/2012 (From judgement and order dated 14/06/2011 in ITA No.2301/2010 of HIGH COURT OF GUJARAT AT AHMEDABAD) C.I.T-III Petitioner(s) VERSUS ASHWIN MANCHHARAM RESHAMWALA (HUF) Respondent(s) (With Final Disposal) WITH SLP(C) NO. 11871 of 2012 (With prayer for interim relief and office report) (For Final disposal) SLP(C) NO. 11872 of 2012 (With office report) (For Final disposal) SLP(C) NO. 11873 of 2012 (With office report) (For Final disposal) SLP(C) NO. 12069 of 2012 (With office report) (For Final disposal) SLP(C) NO. 12070 of 2012 (With office report) (For Final disposal) SLP(C) NO. 12071 of 2012 (With office report) (for final disposal) Date: 04/03/2014 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. R.P. Bhatt, Sr. adv. Mr. S.A. Haseeb, Adv. Mr. H.R. Rao, Adv. Mr. B.V. Balaram Das,Adv. Mrs Anil Katiyar, Adv. For Respondent(s) Mr. Amar Dave, Adv. Mr. P.S.Sudheer,Adv. Mr. Rishi Maheshwari, Adv. Mr. Anshul Gupta, Adv. ..2/- 2 UPON hearing counsel Court made following ORDER SLP(C) No. 12068 of 2012 Leave granted. appeal is disposed of in terms of signed order. SLP(C) Nos. 12069/2012, 12070/2012, 12071/12, 11872/2012, 11873/2012, 11871/2012 Leave granted. matters are remitted back to High Court in view of order passed in civil appeal arising out SLP(C) No. 12068 of 2012. Civil Appeals are disposed of. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] | |Court Master | |Asstt. Registrar | [ Signed order is placed on file ] C.I.T.-III v. Ashwin Machharam Reshamwala (HUF)

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