IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6559 OF 2015 (Arising out of S.L.P.(C) No.24346 of 2015 CC 19339/14) Diamond Investment & Properties ...Appellant(s) Versus Income Tax Officer, Mumbai ...Respondent(s) ORDER Delay condoned. Leave granted. Heard Mr. Parcival Billimoria, learned counsel for appellant and Mr. Ranjit Kumar,learned Solicitor General for respondent. Having heard learned counsel for parties, we are of considered opinion that High Court should have framed substantial question of law pertaining to issue whether in facts and circumstances of case, assessee had taken recourse to any kind of colourable devise to evade tax. appeal stands allowed accordingly. No order as to costs. J. (Dipak Misra) .J. Signature Not Verified (R. Banumathi) Digitally signed by Chetan Kumar Date: 2015.08.26 17:20:28 IST Reason: New Delhi; August 24, 2015. ITEM NO.2 COURT NO.5 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A. No.3 In Petition(s) for Special Leave to Appeal(C)......CC 19339/2014 (Arising out of impugned final judgment and order dated 20/03/2014 in ITA No. 14/2012 passed by High Court Of Bombay) DIAMOND INVESTMENT AND PROPERTIES Petitioner(s) VERSUS INCOME TAX OFFICER, MUMBAI Respondent(s) (For stay and office report) Date : 24/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Parcival Billimoria, Adv. Mr. Rajat Singh, Adv. Mr. Samer V. Talwal, Adv. Mr. Anupam Lal Das, AOR For Respondent(s) Mr. Ranjit Kumar, S.G. Mr. Arijit Prasad, Adv. Mr. Swarupana Chaturvedi, Adv. Mrs. Anil Katiyar, AOR UPON hearing counsel Court made following ORDER Delay condoned. Leave granted. appeal is allowed in terms of signed order. (Chetan Kumar) (H.S. Parasher) Court Master Court Master (Signed order is placed on file) Diamond Investment & Properties v. Income-tax Officer, Mumbai