C.I.T, New Delhi v. M/s Green World Corp
[Citation -2014-LL-0825-59]

Citation 2014-LL-0825-59
Appellant Name C.I.T, New Delhi
Respondent Name M/s Green World Corp.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 25/08/2014
Judgment View Judgment
Keyword Tags tax effect • bona fide mistake • wrong statement
Bot Summary: Heard the learned counsel appearing for both the sides. The learned counsel appearing for the appellant has submitted that because of some mistake, a statement was made before the High Court that tax effect involved was Rs.1,21,275/- and as the amount was less, the High Court dismissed the appeal on the aforesaid statement made by the learned counsel for the appellant. It has now been submitted by the learned counsel appearing for the appellant that the statement made before the High Court was incorrect and in fact, the tax effect is more than Rs. 90 lacs. Signature Not Verified For the aforesaid reason, we quash and set aside Digitally signed by Jayant Kumar Arora Date: 2014.08.29 16:47:53 IST the imupugned order dated 20th October, 2010 and remit Reason: the matter to the High Court so that the matter can be heard on merits de-novo. 2 With the above directions, the Civil Appeal is disposed of as allowed with no order as to costs...J. ANIL R. DAVE.J. UDAY UMESH LALIT New Delhi; August 25, 2014. UPON hearing counsel the Court made the following O R D E R Leave granted in SLP 8475 of 2012. The Civil Appeal is allowed in terms of the signed order.


1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8293 OF 2014 [@ SPECIAL LEAVE PETITION NO.8475 OF 2012 ] C.I.T NEW DELHI Appellant(s) VERSUS M/S GREEN WORLD CORP.NEW DELHI Respondent(s) ORDER Leave granted. Heard learned counsel appearing for both sides. learned counsel appearing for appellant has submitted that because of some mistake, statement was made before High Court that tax effect involved was Rs.1,21,275/- and as amount was less, High Court dismissed appeal on aforesaid statement made by learned counsel for appellant. It has now been submitted by learned counsel appearing for appellant that statement made before High Court was incorrect and in fact, tax effect is more than Rs. 90 lacs. Signature Not Verified For aforesaid reason, we quash and set aside Digitally signed by Jayant Kumar Arora Date: 2014.08.29 16:47:53 IST imupugned order dated 20th October, 2010 and remit Reason: matter to High Court so that matter can be heard on merits de-novo. 2 With above directions, Civil Appeal is disposed of as allowed with no order as to costs. ..J. [ANIL R. DAVE ] ..J. [UDAY UMESH LALIT] New Delhi; August 25, 2014. 3 ITEM NO.31 COURT NO.4 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8475/2012 (Arising out of impugned final judgment and order dated 20/10/2010 in ITA No. 1624/2010 passed by High Court Of Delhi At N. Delhi) C.I.T NEW DELHI Petitioner(s) VERSUS M/S GREEN WORLD CORP.NEW DELHI Respondent(s) (with prayer for interim relief and office report) WITH SLP(C) No. 10193/2012 (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and Office Report) SLP(C) No. 1052/2014 (With Office Report) Date : 25/08/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. K. Radhakrishnan, Sr. Adv. Mrs. Anil Katiyar, Adv. Mr. Rupesh Kumar, Adv. Mr. S. A. Haseeb, Adv. For Mr. B. V. Balaram Das, Adv. (N.P.) For Respondent(s) Mr. S. K. Bagaria, Sr. Adv. Mr. Bhargava V. Desai, Adv. UPON hearing counsel Court made following O R D E R Leave granted in SLP (C) 8475 of 2012. Civil Appeal is allowed in terms of signed order. 4 SLP(C) No. 10193/2012 and SLP(C) No. 1052/2014 List on 12.09.2014. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar C.I.T, New Delhi v. M/s Green World Corp
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