Mayura Prime Estates Ltd. & Ors. v. Income-tax Settlement Commission & Ors
[Citation -2014-LL-1017-159]

Citation 2014-LL-1017-159
Appellant Name Mayura Prime Estates Ltd. & Ors.
Respondent Name Income-tax Settlement Commission & Ors.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 17/10/2014
Judgment View Judgment
Keyword Tags financial hardship
Bot Summary: The submission which has been made by the learned counsel for the appellants is that the appellants have to deposit 50 of the total amount demanded in the proceedings, which is not possible for them as all their assets have been attached at present by the Respondent-Department. The Appellants have approached this Court at an interlocutory stage. The interim order passed by the High Court, whereby they have been permitted to deposit 50 of the amount of tax, interest and penalty, has been confirmed by the Division Bench. Signature Not Verified Digitally signed by Sarita Purohit Date: 2014.10.29 16:11:47 IST Reason: 1 Looking at the peculiar facts of the case, we direct that if the appellants deposit a further sum of Rs.3 crores within one month from today with the Assessing Officer and proof thereof is shown to the learned Single Judge of the High Court, the learned Single Judge of the High Court shall entertain an application, which might be filed by the appellants showing his financial difficulties, so that the interim order dated 6.11.2013 passed in S.B. Civil Writ Petition No.15409 of 2013 can be modified. In view of the above order, the civil appeal is disposed of accordingly. UPON hearing the counsel the Court made the following ORDER Leave granted. The appeal is disposed of in terms of the signed order.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9946 OF 2014 (Arising out of SLP(C)No.10770 of 2014) MAYURA PRIME ESTATES LTD. & ORS. ... APPELLANTS VS. INCOME TAX SETTLEMENT COMMISSION & ORS. ... RESPONDENTS ORDER Leave granted. Heard learned counsel. submission which has been made by learned counsel for appellants is that appellants have to deposit 50% of total amount demanded in proceedings, which is not possible for them as all their assets have been attached at present by Respondent-Department. Appellants have approached this Court at interlocutory stage. interim order passed by High Court, whereby they have been permitted to deposit 50% of amount of tax, interest and penalty, has been confirmed by Division Bench. Signature Not Verified Digitally signed by Sarita Purohit Date: 2014.10.29 16:11:47 IST Reason: 1 Looking at peculiar facts of case, we direct that if appellants deposit further sum of Rs.3 crores (three crores) within one month from today with Assessing Officer and proof thereof is shown to learned Single Judge of High Court, learned Single Judge of High Court shall entertain application, which might be filed by appellants showing his financial difficulties, so that interim order dated 6.11.2013 passed in S.B. Civil Writ Petition No.15409 of 2013 can be modified. In view of above order, civil appeal is disposed of accordingly. J. [ANIL R. DAVE] J. [KURIAN JOSEPH] New Delhi; October 17, 2014. 2 ITEM NO.43 COURT NO.3 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).10770/2014 (Arising out of impugned final judgment and order dated 21/11/2013 in DBSAW No.1256/2013 passed by High Court Of Rajasthan At Jaipur) MAYURA PRIME ESTATES LTD. & ORS. Petitioner(s) VERSUS INCOME TAX SETTLEMENT COMMISSION & ORS. Respondent(s) Date : 17/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Sanjay Jhanwar,Adv. Mr. Tarun Gupta,Adv. For Respondent(s) Mr. Tushar Mehta,ASG Mr. Arijit Prasad,Adv. Mr. Sahil Tagotra,Adv. Mrs. Anil Katiyar,Adv. UPON hearing counsel Court made following ORDER Leave granted. appeal is disposed of in terms of signed order. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed order is placed on file) 3 Mayura Prime Estates Ltd. & Ors. v. Income-tax Settlement Commission & Or
Report Error