Chander Prakash Jain v. Commissioner of Income-tax & Anr
[Citation -2018-LL-0507-45]

Citation 2018-LL-0507-45
Appellant Name Chander Prakash Jain
Respondent Name Commissioner of Income-tax & Anr.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 07/05/2018
Judgment View Judgment
Keyword Tags fixed deposit receipt • indira vikas patra • compensatory interest
Bot Summary: For Respondent(s) UPON hearing the counsel the Court made the following ORDER In the judgment dated 28.04.2015 passed by the High Court of Judicature at Allahabad in Writ Tax No.566/2011, the Division Bench of the High Court has held as follows:- The Kishan Vikash Patras, Indira Vikash Patras, Fixed Deposit Receipts etc. If the Revenue has failed to do so and the Signature Not Verified Digitally signed by money all along continued to remain deposited with the NARENDRA PRASAD Date: 2018.05.08 14:40:49 IST Reason: Union of India and available for utilization by the Revenue itself, we see absolutely no reason in the facts 1 of the case as to why the Revenue may not be asked to pay interest on the aforesaid Kishan Vikash Patras, Indira Vikash Patras, Fixed Deposit Receipts etc. It appears, it was also brought to the notice of the High Court that the Deputy Commissioner granted only 6 interest and that was why the petitioner filed the writ petition. The High Court in paragraph 6 of the impugned judgment held that the petitioner was not able to show the High Court how he was entitled to the compensatory interest. Since, the High Court itself has granted liberty to file a review, we do not propose to deal with this matter any further. Accordingly, this special leave petition is disposed of as follows: The petitioner may file a review petition within thirty days from today. We request the High Court to consider the review petition in the light of what is stated above and pass orders thereon expeditiously and preferably within a month thereafter.


ITEM NO.3 COURT NO.5 SECTION XI SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9064/2018 (Arising out of impugned final judgment and order dated 16-08-2016 in WT No. 778/2015 passed by High Court Of Judicature At Allahabad) CHANDER PRAKASH JAIN Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX & ANR. Respondent(s) Date : 07-05-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Jitendra Mohan Sharma,Sr.Adv. Mr. Prashant Jain,Adv. Mr. Ajit Sharma, AOR Ms. Seema Singh,Adv. For Respondent(s) UPON hearing counsel Court made following ORDER In judgment dated 28.04.2015 passed by High Court of Judicature at Allahabad in Writ Tax No.566/2011, Division Bench of High Court has held as follows:- Kishan Vikash Patras, Indira Vikash Patras, Fixed Deposit Receipts etc. would have earned interest in normal course of things, if they had been revalidated/encashed as per option available to Revenue. If Revenue has failed to do so and Signature Not Verified Digitally signed by money all along continued to remain deposited with NARENDRA PRASAD Date: 2018.05.08 14:40:49 IST Reason: Union of India and available for utilization by Revenue itself, we see absolutely no reason in facts 1 of case as to why Revenue may not be asked to pay interest on aforesaid Kishan Vikash Patras, Indira Vikash Patras, Fixed Deposit Receipts etc., at par with interest, which money would have earned, on face value of aforesaid documents, under provisions of Income Tax Act had investments revalidated/renewed been encashed by department. petitioner claimed exactly same benefit. It appears, it was also brought to notice of High Court that Deputy Commissioner granted only 6% interest and that was why petitioner filed writ petition. However, High Court in paragraph 6 of impugned judgment held that petitioner was not able to show High Court how he was entitled to compensatory interest. Since, High Court itself has granted liberty to file review, we do not propose to deal with this matter any further. Accordingly, this special leave petition is disposed of as follows: petitioner may file review petition within thirty days from today. We request High Court to consider review petition in light of what is stated above and pass orders thereon expeditiously and preferably within month thereafter. Pending application(s), if any, shall stand disposed of. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR 2 Chander Prakash Jain v. Commissioner of Income-tax & Anr
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