Commissioner of Income-tax, Chandigarh v. Chandigarh Housing Board
[Citation -2014-LL-0430-146]

Citation 2014-LL-0430-146
Appellant Name Commissioner of Income-tax, Chandigarh
Respondent Name Chandigarh Housing Board
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 30/04/2014
Judgment View Judgment
Keyword Tags competent authority • penalty proceeding • payment of tax • housing board
Bot Summary: UPON hearing counsel the Court made the following ORDER This special leave petition is filed against an interim order dated 07.05.2012 passed by the High Court in ITA No.41/12. Since the matter is between the Income Tax Department and the Chandigarh Housing Board, which is a statutory Board under the provisions of Chandigarh Administration, there was some discussion of an amicable settlement of the dispute between the parties. A perusal thereof would demonstrate that a sum of Rs.278 crores, which was deposited by the Chandigarh Housing I.A.No. 5346/13 2 Board in the Government treasury, is agreed to be adjusted in Income Tax head and it is treated as final insofar as liability of Income Tax is concerned. Having regard to the settlement reached between the parties, it is clear that the dispute regarding payment of tax by the Chandigarh Housing Board to the Income Tax Department stands resolved. It is further agreed that no penalty proceeding would be initiated against the Chandigarh Housing Board. As a sequel to disposal of the special leave petition, I.A.No.


I.A.No.2 in SLP(C)No.5346/13 1 ITEM NO.3 COURT NO.14 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2 In Petition(s) for Special Leave to Appeal (Civil) No(s).5346/2013 (From judgement and order dated 07/05/2012 in ITA No.41/2012 of HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) COMMISSIONER OF INCOME TAX CHANDIGARH Petitioner(s) VERSUS CHANDIGARH HOUSING BOARD Respondent(s) (For submitting record of discussion and office report) Date: 30/04/2014 This I.A.was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI (IN CHAMBERS) For Petitioner(s) Mr.Shankar Divate, Adv. Mrs. Anil Katiyar, AOR For Respondent(s) Mr. Chandra Prakash, Adv. Mr.Ritu Raj Biswas, Adv. UPON hearing counsel Court made following ORDER This special leave petition is filed against interim order dated 07.05.2012 passed by High Court in ITA No.41/12. Since matter is between Income Tax Department and Chandigarh Housing Board, which is statutory Board under provisions of Chandigarh Administration, there was some discussion of amicable settlement of dispute between parties. `Record of Discussion' held on 14.05.2013 is placed on record in I.A.No.2 of 2014. perusal thereof would demonstrate that sum of Rs.278 crores, which was deposited by Chandigarh Housing I.A.No.2 in SLP(C)No.5346/13 2 Board in Government treasury, is agreed to be adjusted in Income Tax head and it is treated as final insofar as liability of Income Tax is concerned. Having regard to settlement reached between parties, it is clear that dispute regarding payment of tax by Chandigarh Housing Board to Income Tax Department stands resolved. It is further agreed that no penalty proceeding would be initiated against Chandigarh Housing Board. However, it is also stated that decision in this regard can further be taken only by competent Income Tax authority. Needless to mention that competent authority shall keep in mind spirit of agreement arrived at in `Record of Discussions'. parties shall also approach High Court for disposal of pending ITA. In view thereof, this special leave petition is disposed of. As sequel to disposal of special leave petition, I.A.No.2 of 2014 is also disposed of. (Satish K.Yadav) (Minakshi Mehta) Court Master Court Master Commissioner of Income-tax, Chandigarh v. Chandigarh Housing Board
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