1 ITEM NO.11 COURT NO.7 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 33135/2015 (Arising out of impugned final judgment and order dated 13-04-2015 in ITA No. 1302/2013 passed by High Court Of Bombay) DIRECTOR OF INCOME TAX (IT)-I Petitioner(s) VERSUS M/S. SUMITOMO MITSUI BANKING CORPORATION Respondent(s) WITH SLP(C) No. 523/2016 Date : 14-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. S.A. Haseeb, Adv. Mr. K. Parmeshwar, Adv. Ms. Anil Katiyar, AOR For Respondent(s) Mr. Niraj Sheth, Adv. Mr. Rustom B. Hathikhanawala, AOR UPON hearing counsel Court made following ORDER Notice in this special leave petition was issued limited to following question: Whether, at stage of final hearing, High Court can consider question of law not Signature Not Verified formulated by it in terms of proviso to sub-section (4) of Section 260A of Income Tax Digitally signed by ASHWANI KUMAR Date: 2017.07.20 16:46:31 IST Reason: Act, 1961? Learned counsel for respondent submits that this question has been answered by three Judge Bench of this Court in 2 Commissioner of Income Tax-II, Ahmedabad v. Mastek Ltd. (2013) 358 ITR 252, wherein this Court has held that High Court has power to frame substantial question of law at time of hearing of appeal other than questions on which appeal was admitted. This power is, however, subject to two conditions: 1. Court must be satisfied that appeal involves such questions; 2. Court has to record reasons therefor. Since matter is covered by aforesaid judgment, this special leave petition stands dismissed. (ASHWANI KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER Director of Income-tax (IT)-I v. Sumitomo Mitsui Banking Corporation