Maharashtra Industrial Development Corporation v. Commissioner of Income-tax (Exemptions) And Ors
[Citation -2017-LL-0324-261]

Citation 2017-LL-0324-261
Appellant Name Maharashtra Industrial Development Corporation
Respondent Name Commissioner of Income-tax (Exemptions) And Ors
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 24/03/2017
Judgment View Judgment
Keyword Tags statutory corporation • disputed amount • term deposit • demand of tax • pendency of appeals
Bot Summary: These appeals have been filed by the Writ Petitioner challenging the order dated 8th March, 2017 passed by the High Court of Judicature at Bombay whereby the petition filed by the Writ Petitioner has been dismissed. The Commissioner of Income Tax vide order dated 28.10.2016 rejected the stay applications and directed the appellant to deposit 15 per cent of the total tax demand for assessment years 2007-08, 2008-09, 2009-10, 2010-11 and 2012-13 in four installments. Being aggrieved, the appellant filed Writ Petitions before the Bombay High Court which were dismissed by the impugned order. Mr. Arvind Datar, learned Senior Counsel appearing for the appellant made a statement that the amount lying in the appellant's seven current bank accounts has been attached on 22nd and 23rd March, 2017 and the amount which has been invested in the fixed deposits belongs to the State Government. We have heard learned Senior Counsels appearing for the parties and perused the impugned order passed by the High Court. UPON hearing the counsel the Court made the following ORDER Leave granted. The Civil Appeals are disposed of in terms of the signed order.


1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4557-4558/2017 [@ SLP (C) NOS.9022-9023/2017] MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION Appellant VERSUS COMMISSIONER OF INCOME TAX (EXEMPTIONS) AND ORS Respondents ORDER Leave granted. Mrs. Anil Katiyar appears on behalf of respondents and waives service of notice. These appeals have been filed by Writ Petitioner (Assessee) challenging order dated 8th March, 2017 passed by High Court of Judicature at Bombay whereby petition filed by Writ Petitioner has been dismissed. Commissioner of Income Tax (Appeals) vide order dated 28.10.2016 rejected stay applications and directed appellant to deposit 15 per cent of total tax demand for assessment years 2007-08, 2008-09, 2009-10, 2010-11 and 2012-13 in four installments. Being aggrieved, appellant filed Writ Petitions before Bombay High Court which were dismissed by impugned order. Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2017.03.28 16:04:36 IST Reason: Mr. Mukul Rohatgi, learned Attorney General has brought to our notice fact that appellant which is statutory corporation has deposit of about Rs.1,000 crores in 2 banks as fixed term deposits. Mr. Arvind Datar, learned Senior Counsel appearing for appellant made statement that amount lying in appellant's seven current bank accounts has been attached on 22nd and 23rd March, 2017 and amount which has been invested in fixed deposits belongs to State Government. We have heard learned Senior Counsels appearing for parties and perused impugned order passed by High Court. Without going into merits of matter, as same is pending before Commissioner of Income Tax (Appeals) in appeal filed by appellant, we consider it proper and in interest of justice to dispose of these appeals with following directions: (1) CIT (Appeals) is directed to decide pending appeals filed by appellant herein within one month from date of production of copy of this order, in accordance with law, without granting unnecessary adjournments; (2) Income Tax Department (respondent herein) is directed to withdraw amount of Rs.400/- crores approximately already attached by respondent; (3) term deposit of Rs.1000 crores approximately which has been invested by appellant shall be kept by appellant in form of security in favour of respondents in relation to disputed amount in question till disposal of appeal by CIT (Appeals); (4) respondent (Income Tax Department) shall not attach any other accounts of appellant or take coercive steps during pendency of appeal before CIT (Appeals). 3 With aforesaid directions, Civil Appeals are disposed of. J. [R.K. AGRAWAL] J. [ABHAY MANOHAR SAPRE] NEW DELHI; MARCH 24, 2017. 4 ITEM NO.60 COURT NO.10 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos.9022-9023/2017 (Arising out of impugned final judgment and order dated 08/03/2017 in WP No.81/2017 and WP No.82/2017 passed by High Court Of Bombay) MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX (EXEMPTIONS) AND ORS Respondent(s) (with appln. (s) for exemption from filing c/c of impugned judgment and permission to bring out addl.facts and raising grounds and for filing addl. doc.) Date : 24/03/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Arvind Datar, Sr. Adv. Mr. Amitabh Sharma, Adv. Mr. Nand Kishore, Adv. Ms. Amrita Narayan, Adv. Ms. Anshul Verma, Adv. Ms. Rashi Sureka, Adv. Mr. Sakya Singha Chaudhuri,Adv. For Respondent(s) Mr. Mukul Rohtagi, AG Mr. P.S. Narsimha, ASG Ms. Vibha Datta Makhija, Adv. Mr. Arijit Prasad, Adv. Mr. Rupesh Kumar, Adv. Ms. Disha Vaish, Adv. Ms. Anisha Mathur, Adv. Mrs. Anil Katiyar, Adv. UPON hearing counsel Court made following ORDER Leave granted. Civil Appeals are disposed of in terms of signed order. (ASHA SUNDRIYAL) (CHANDER BALA) COURT MASTER COURT MASTER (Signed order is placed on file) Maharashtra Industrial Development Corporation v. Commissioner of Income-tax (Exemptions) And Or
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