IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).371/2018 (Arising out of Special Leave Petition (C) No. 1078/2018 @ SLP(C) Diary No(s). 39351/2017) COMMISSIONER OF INCOME TAX APPELLANT(s) VERSUS M/S RELIANCE INDUSTRIES LTD. RESPONDENT(s) ORDER Delay condoned subject to payment of Rs. 10,000/- as costs to be deposited with Supreme Court Advocates-on-Record Welfare Fund. Leave granted. In assessment order passed by Assessing Officer in respect of respondent herein for Assessment Year 2008-09, Assessing Officer added back notional losses on account of foreign exchange fluctuations. This order was passed after Commissioner of Income Tax exercised his jurisdiction under Section 263 of Income Tax Act, 1961 ( Act ) and stated that on aforesaid count assessee has concealed income. assessee challenged said order by filing appeal before Income Tax Appellate Tribunal (ITAT). assessee raised issue of jurisdiction of Commissioner of Income Tax under Section 263 of Act and also challenged addition on merits. ITAT allowed appeal of assessee. Signature Not Verified Questioning validity of Digitally signed by ASHWANI KUMAR Date: 2018.01.17 that order, Income Tax Department filed appeal before High 17:04:14 IST Reason: Court under Section 260A of Act. That appeal has been dismissed by impugned order on ground that Revenue has not 2 challenged order of ITAT holding that Commissioner of Income Tax did not have jurisdiction to pass such order under Section 263 of Act and, therefore, appeal had been rendered infructuous. It is submitted by learned ASG that assessee had taken up ground of jurisdiction of Commissioner of Income Tax under Section 263 of Act. However, this ground was ultimately not pressed and ITAT did not allow appeal on this ground but on merits. Therefore, there was no finding of ITAT that exercise of power under Section 263 of Act by Commissioner of Income Tax was erroneous and, thus, there was no question for challenging that aspect of matter. In aforesaid circumstances, we permit Revenue to file application for review before High Court and when such review application is filed within one month from today same shall be decided on merits. In case High Court decides review application against appellant, appellant while challenging that order would be at liberty to challenge impugned order as well. appeal is disposed of accordingly. ......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI; JANUARY 09, 2018. 3 ITEM NO.24 COURT NO.6 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39351/2017 (Arising out of impugned final judgment and order dated 03-04-2017 in ITA No. 1121/2014 passed by High Court Of Judicature At Bombay) COMMISSIONER OF INCOME TAX Petitioner(s) VERSUS M/S RELIANCE INDUSTRIES LTD. Respondent(s) (FOR ADMISSION and I.R. and IA No.139939/2017-CONDONATION OF DELAY IN FILING and IA No.139941/2017-EXEMPTION FROM FILING C/C OF IMPUGNED JUDGMENT) Date : 09-01-2018 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. A.N.S. Nadkarni, ASG Mr. Devashish Bharuka, Adv. Ms. Asha G. Nair, Adv. Mrs. Anil Katiyar, AOR For Respondent(s) UPON hearing counsel Court made following ORDER Delay condoned. appeal is disposed of in terms of signed order. Pending application(s), if any, stands disposed of accordingly. (ASHWANI THAKUR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER (Signed order is placed on file) Commissioner of Income-tax v. Reliance Industries Ltd