Engineers India Ltd. v. Commissioner of Income-tax
[Citation -2017-LL-0706-16]

Citation 2017-LL-0706-16
Appellant Name Engineers India Ltd.
Respondent Name Commissioner of Income-tax
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 06/07/2017
Judgment View Judgment
Keyword Tags self-assessment
Bot Summary: The issue pertains to grant of interest under Section 244A of the Income Tax Act which is decided by the High Court vide impugned judgment against the assessee. The impugned judgment of the High Court reveals that another judgment of the Coordinate Bench of the same High Court in the case of Commissioner of Income Tax v. Sutlej Industries Ltd., 325 ITR 331 was cited wherein the view taken was that in such circumstances the assessee would be entitled to interest under Section 244A of the Income Tax Act on the refund of the self-assessment tax. The High Court further did not agree with the aforesaid view and made the following observation: Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2017.07.18 11:10:09 IST Reason: 35. We are informed that subsequently in the case of Sutlej Industries Ltd. V. Commissioner of Income Tax pending before the High Court, the High Court has referred the matter to a larger Bench. In these circumstances, we set aside the impugned judgment of the High Court and remand the appeal back to the High Court for its afresh decision along with ITA Nos. Ms. Anil Katiyar, AOR UPON hearing the counsel the Court made the following ORDER The appeal is disposed of in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).8725/2017 (Arising out of Special Leave Petition(C) No(s). 16951/2015) ENGINEERS INDIA LTD. APPELLANT(s) VERSUS COMMISSIONER OF INCOME TAX RESPONDENT(s) O R D E R Leave granted. We have heard learned counsel for parties. issue pertains to grant of interest under Section 244A of Income Tax Act which is decided by High Court vide impugned judgment against assessee. impugned judgment of High Court reveals that another judgment of Coordinate Bench of same High Court in case of Commissioner of Income Tax v. Sutlej Industries Ltd., (2010) 325 ITR 331 (Delhi) was cited wherein view taken was that in such circumstances assessee would be entitled to interest under Section 244A of Income Tax Act on refund of self-assessment tax. High Court further did not agree with aforesaid view and made following observation: Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2017.07.18 11:10:09 IST Reason: 35. Having found position of law as indicated above, we express, with respect, our inability to subscribe to, or follow, view 2 taken by other Division Bench of this court in case of Commissioner of Income Tax v. Sutlej Industries Ltd. It is clear from above that in impugned jugment, Bench has differed with earlier view expressed by Coordinate Bench. In circumstances, appropriate course of action was to refer matter to larger Bench and we fail to understand why it was not done. We are informed that subsequently in case of Sutlej Industries Ltd. V. Commissioner of Income Tax (ITA Nos. 493/2003 & 120/2004) pending before High Court, High Court has referred matter to larger Bench. In these circumstances, we set aside impugned judgment of High Court and remand appeal back to High Court for its afresh decision along with ITA Nos. 493/2003 & 120/2004 by larger Bench. appeal is disposed of accordingly. .........J. [A.K. SIKRI] ......J. [ASHOK BHUSHAN] NEW DELHI; JULY 06, 2017. 3 ITEM NO.10 COURT NO.6 SECTION XIV SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16951/2015 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 26-02-2015 IN ITA NO. 300/2012 PASSED BY HIGH COURT OF DELHI AT NEW DELHI) ENGINEERS INDIA LTD. Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX Respondent(s) Date : 06-07-2017 This peti tion was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Somnath Shukla, Adv. Mr. Udit Jain, Adv. Ms. Ashwini Chandrasekaran, Adv. Mr. Harish Pandey, AOR For Respondent(s) Mr. Maninder Singh, ASG Mr. Arijit Prasad, Adv. Ms. N. Annapoorani, Adv. Ms. Anil Katiyar, AOR UPON hearing counsel Court made following ORDER appeal is disposed of in terms of signed order. Pending application(s), if any, stands disposed of accordingly. (ASHWANI KUMAR) (MALA KUMARI SHARMA) COURT MASTER (SH) COURT MASTER (Signed order is placed on file) Engineers India Ltd. v. Commissioner of Income-tax
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