C.I.T-II, Ahmedabad v. Gujarat Mineral Devt. Corp. Ltd
[Citation -2015-LL-0223-9]

Citation 2015-LL-0223-9
Appellant Name C.I.T-II, Ahmedabad
Respondent Name Gujarat Mineral Devt. Corp. Ltd.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 23/02/2015
Judgment View Judgment
Keyword Tags sales tax liability • substantial question law
Bot Summary: The High Court has not considered two questions that were framed by the Revenue viz: B Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) in deleting the disallowance of sales tax liability of Rs.1,03,67,185/- D Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) in deleting the disallowance of sales tax liability of Rs.17,33,53,812/- Under the circumstances, we set aside the order of the High Court to this limited extent and the High Court may consider whether the aforesaid questions of law are substantial questions of law arising in the appeal Signature Not Verified preferred by the Revenue. Digitally signed by Meenakshi Kohli Date: 2015.02.25 06:41:38 IST Reason: We may mention that learned counsel for the assessee 1 says that the issues have been considered in his favour by this Court and also by the High Court for the previous assessment years. UPON hearing the counsel the Court made the following ORDER Leave granted. The civil appeal is disposed of in terms of the signed order. COURT MASTER COURT MASTER Signed Order is placed on the file 3.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2420 of 2015 (@ Special Leave Petition (C) No. 1566 of 2013) C.I.T-II AHMEDABAD Appellant(s) VERSUS GUJARAT MINERAL DEVT.CORP.LTD. Respondent(s) ORDER Leave granted. We have heard learned counsel for parties. High Court has not considered two questions that were framed by Revenue viz: [B] Whether Appellate Tribunal is right in law and on facts in confirming order passed by CIT(A) in deleting disallowance of sales tax liability of Rs.1,03,67,185/-? [D] Whether Appellate Tribunal is right in law and on facts in confirming order passed by CIT(A) in deleting disallowance of sales tax liability of Rs.17,33,53,812/-? Under circumstances, we set aside order of High Court to this limited extent and High Court may consider whether aforesaid questions of law are substantial questions of law arising in appeal Signature Not Verified preferred by Revenue. Digitally signed by Meenakshi Kohli Date: 2015.02.25 06:41:38 IST Reason: We may mention that learned counsel for assessee 1 says that issues have been considered in his favour by this Court and also by High Court for previous assessment years. We make no comment on this. appeal is disposed of. ....................J. [Madan B. Lokur] ....................J. [Uday Umesh Lalit] NEW DELHI FEBRUARY 23, 2015 `` 2 ITEM NO.39 COURT NO.10 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1566/2013 (Arising out of impugned final judgment and order dated 30/04/2012 in TA No. 1756/2010 passed by High Court Of Gujarat At Ahmedabad) C.I.T-II AHMEDABAD Petitioner(s) VERSUS GUJARAT MINERAL DEVT.CORP.LTD. Respondent(s) Date : 23/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Guru Krishnakumar, Sr. Adv. Mr. D.L. Chidananda, Adv. Ms. Sadhna Sandhu, Adv. Mrs. Anil Katiyar,Adv. For Respondent(s) Mr. Amar Dave, Adv. Mr. P. S. Sudheer,Adv . Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. UPON hearing counsel Court made following ORDER Leave granted. civil appeal is disposed of in terms of signed order. (MEENAKSHI KOHLI) (JASWINDER KAUR) COURT MASTER COURT MASTER [Signed Order is placed on file] 3 C.I.T-II, Ahmedabad v. Gujarat Mineral Devt. Corp. Ltd
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