Greater Mohali Area Development Authority v. Deputy Commissioner of Income-tax, Circle 6(1), Mohali
[Citation -2018-LL-0720-159]

Citation 2018-LL-0720-159
Appellant Name Greater Mohali Area Development Authority
Respondent Name Deputy Commissioner of Income-tax, Circle 6(1), Mohali
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 20/07/2018
Judgment View Judgment
Keyword Tags assessment order
Bot Summary: For Respondent(s) UPON hearing the counsel the Court made the following ORDER Since the reassessment is already complete and the assessing officer has passed the assessment order, we do not find any reason to interfere with the impugned order passed by the High Court in exercise of our power under Article 136 of the Constitution of Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.07.24 India. 16:31:44 IST Reason: The special leave petitions are accordingly dismissed. We make it clear that it will be open to the petitioner-Authority to challenge the order of the assessing officer by filing statutory appeal and in the said appeal the petitioner would also be permitted to challenge the correctness of notice under Section 147/148 of the Income Tax Act, 1961. The appellate authority may go into the said question uninfluenced by the observations which are made in the impugned order. Pending applications, if any, shall also stand disposed of.


1 ITEM NO.5 COURT NO.5 SECTION IV-B SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 15102/2018 (Arising out of impugned final judgment and order dated 27-04-2018 in CWP No. 26125/2017 passed by High Court Of Punjab & Haryana At Chandigarh) GREATER MOHALI AREA DEVELOPMENT AUTHORITY Petitioner(s) VERSUS DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6 (1), MOHALI Respondent(s) (FOR ADMISSION and I.R.) WITH SLP(C) No. 15128/2018 (IV-B) (FOR ADMISSION and I.R.) Date : 20-07-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Ajay Vohra,Sr.Adv. Ms. Kavita Jha, AOR Mr. Aniket D. Agrawal,Adv. Ms. Deepika Agarwal,Adv. For Respondent(s) UPON hearing counsel Court made following ORDER Since reassessment is already complete and assessing officer has passed assessment order, we do not find any reason to interfere with impugned order passed by High Court in exercise of our power under Article 136 of Constitution of Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.07.24 India. 16:31:44 IST Reason: special leave petitions are accordingly dismissed. 2 However, we make it clear that it will be open to petitioner-Authority to challenge order of assessing officer by filing statutory appeal and in said appeal petitioner would also be permitted to challenge correctness of notice under Section 147/148 of Income Tax Act, 1961. appellate authority may go into said question uninfluenced by observations which are made in impugned order. Pending applications, if any, shall also stand disposed of. (MAHABIR SINGH) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER Greater Mohali Area Development Authority v. Deputy Commissioner of Income-tax, Circle 6(1), Mohali
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