C.I.T., Ludhiana v. M/s. Varinder Agro Chemicals Ltd
[Citation -2015-LL-0707-6]

Citation 2015-LL-0707-6
Appellant Name C.I.T., Ludhiana
Respondent Name M/s. Varinder Agro Chemicals Ltd.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 07/07/2015
Judgment View Judgment
Keyword Tags capital or revenue expenditure
Bot Summary: In view of the order passed in Civil Appeal No.5682 of 2008, we have considered the facts of the case and are of the view that the impugned order deserves to be set aside and the appeal has to be allowed. The civil appeal is disposed of as allowed, with a direction to the Assessing Officer to consider the matter with a notice to the Assessee to find out whether the expenditure incurred by the Assessee was in the nature of revenue or capital expenditure. After Signature Not Verified considering the same, the Assessing Officer shall make Digitally signed by Sarita Purohit Date: 2015.07.09 16:54:57 IST fresh assessment. 18114/2009 C.I.T.,LUDHIANA Petitioner(s) VERSUS M/S.VARINDER AGRO CHEMICALS LTD. Respondent(s) WITH SLP(C) No. 35563/2011 SLP(C) No. 28557/2013 for amendment of cause title and Office Report) SLP(C) No. 26716/2013 for amendment of cause title and Office Report) Date : 07/07/2015 These petitions were called on for hearing today. 3 UPON hearing the counsel the Court made the following ORDER SLP(C)No. The Civil appeal is disposed of as allowed with no order as to costs in terms of the signed order. 28557 and 26716 of 2013 : Mr. Siddharth Mittal, learned counsel, appearing on behalf of Ms. Usha Nandini V., learned Advocate-on- record, has submitted that he has instructions to appear for the respondent in both the petitions, as Mr. S.K. Sabharwal, former learned Advocate-on-Record, who was appearing in both the matters for the respondent has expired.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5138 OF 2015 (Arising out of SLP(C)No.18114 of 2009) C.I.T.,LUDHIANA ... APPELLANT(S) VS. M/S.VARINDER AGRO CHEMICALS LTD. ... RESPONDENT(S) ORDER Leave granted. Heard learned counsel for petitioner. Nobody has appeared for respondent. In view of order passed in Civil Appeal No.5682 of 2008, we have considered facts of case and are of view that impugned order deserves to be set aside and appeal has to be allowed. civil appeal is disposed of as allowed, with direction to Assessing Officer to consider matter with notice to Assessee to find out whether expenditure incurred by Assessee was in nature of revenue or capital expenditure. After Signature Not Verified considering same, Assessing Officer shall make Digitally signed by Sarita Purohit Date: 2015.07.09 16:54:57 IST fresh assessment. Reason: 1 There shall be no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [R.K. AGRAWAL] New Delhi; 7th July, 2015. 2 ITEM NO.46 COURT NO.3 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).18114/2009 (Arising out of impugned final judgment and order dated 31/10/2008 in ITA No. 598/2007 passed by High Court Of Punjab & Haryana At Chandigarh) C.I.T.,LUDHIANA Petitioner(s) VERSUS M/S.VARINDER AGRO CHEMICALS LTD. Respondent(s) (with office report) WITH SLP(C) No. 35563/2011 (With Interim Relief and Office Report) SLP(C) No. 28557/2013 (With appln.(s) for amendment of cause title and Office Report) SLP(C) No. 26716/2013 (With appln.(s) for amendment of cause title and Office Report) Date : 07/07/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Maninder Singh,ASG Mr. Ashok K. Srivastava,Adv. Mr. S.W.A. Qadri,Adv. Ms. Anita Sahani,Adv. Ms. Anil Katiyar,Adv. For Mr. B.V. Balaram Das,Adv. For Respondent(s) Mr. Rajesh Garg,Sr.Adv. Mr. Uday Gupta,Adv. Ms. Shivani M. Lal,Adv. Mr. M.K. Tripathi,Adv. Mr. S. Bhowmick,Adv. For Mr. Mohan Pandey,Adv. Mr. Siddharth Mittal,Adv. Ms. Usha Nandini V.,Adv. 3 UPON hearing counsel Court made following ORDER SLP(C)No.18114/2009 : Leave granted. Civil appeal is disposed of as allowed with no order as to costs in terms of signed order. SLP(C)No.35563/2011 : Leave granted. Hearing expedited. SLP(C)Nos.28557 and 26716 of 2013 : Mr. Siddharth Mittal, learned counsel, appearing on behalf of Ms. Usha Nandini V., learned Advocate-on- record, has submitted that he has instructions to appear for respondent in both petitions, as Mr. S.K. Sabharwal, former learned Advocate-on-Record, who was appearing in both matters for respondent has expired. List matters on 14th August, 2015. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed order in SLP(C)No.18114/2009) 4 C.I.T., Ludhiana v. M/s. Varinder Agro Chemicals Ltd
Report Error