Shiv Shakti Flour Mills (P) Ltd. v. Commissioner of Income-tax - 2020-LL-0130-56

Citation	2020-LL-0130-56
Appellant Name	Shiv Shakti Flour Mills (P) Ltd.
Respondent Name	Commissioner of Income-tax
Court	SUPREME COURT
Relevant Act	Income-tax
Date of Order	30/01/2020
Assessment Year	1997-98
Judgment	View Judgment
Keyword Tags	transport subsidy • revenue receipt • reassessment
Bot Summary:	These appeals take exception to the judgment and order dated 15.09.2009 passed by the High Court of Gauhati at Gauhati in I.T.A. Nos.8/2006, 6/2007, 7/2007 and 8/2007. The assessment years involved in these appeals are from 1997-1998 to 2000-2001. The issue involved in these appeals is whether transport subsidy received by the assessee during the aforesaid assessment years is in the nature of revenue receipt or capital receipt. In respect of same assessee, the High Court in Income Tax Appeal No.6/2014 for the subsequent assessment year 2001-2002 has answered the question on the basis of the exposition of Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2020.02.17 18:03:36 IST this Court in particular in Jai Bhagwan Oil Reason: Flour Mills vs. Union of India Ors. As a result, in the facts of the present case, these appeals succeed on the same terms. The appeals and pending applications are disposed of accordingly. Ms. Anil Katiyar, AOR Mr. B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following ORDER The appeals and pending applications are disposed of in terms of the signed order.

1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).2899-2902/2011 M/S SHIV SHAKTI FLOUR MILLS (P) LTD. APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX RESPONDENT(S) ORDER 1. Heard counsel for parties. 2. These appeals take exception to judgment and order dated 15.09.2009 passed by High Court of Gauhati at Gauhati in I.T.A. Nos.8/2006, 6/2007, 7/2007 and 8/2007. assessment years involved in these appeals are from 1997-1998 to 2000-2001. 3. issue involved in these appeals is whether transport subsidy received by assessee during aforesaid assessment years is in nature of revenue receipt or capital receipt. 4. In respect of same assessee, High Court in Income Tax Appeal No.6/2014 for subsequent assessment year 2001-2002 has answered question on basis of exposition of Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2020.02.17 18:03:36 IST this Court in particular in Jai Bhagwan Oil & Reason: Flour Mills vs. Union of India & Ors. reported in (2009) 14 SCC 63. Admittedly, this decision is 2 accepted by Department and no appeal is preferred against same. 5. principle stated in paragraph 23 of said decision in case of same assessee which has been allowed to become final, view expounded therein must apply proprio vigore even for assessment years in question. As result, in facts of present case, these appeals succeed on same terms. 6. As consequence of above, since issue stands concluded in favour of assessee there would be no need to continue with reassessment on that score. 7. appeals and pending applications are disposed of accordingly. ,J. (A.M. KHANWILKAR) .,J. (AJAY RASTOGI) NEW DELHI JANUARY 30, 2020 3 ITEM NO.110 COURT NO.6 SECTION XIV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 2899-2902/2011 M/S SHIV SHAKTI FLOUR MILLS (P) LTD. Appellant(s) VERSUS COMMISSIONER OF INCOME TAX Respondent(s) Date : 30-01-2020 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Appellant(s) Ms. Kavita Jha, AOR Mr. Vaibhav Kulkarni, Adv. Mr. Udit Naresh, Adv. For Respondent(s) Mr. Dhruv Agarwal, Sr. Adv. Mr. Syed Abdul Haseeb, Adv. Ms. Anil Katiyar, AOR Mr. B. V. Balaram Das, AOR UPON hearing counsel Court made following ORDER appeals and pending applications are disposed of in terms of signed order. (NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER (Signed order is placed on file.) Shiv Shakti Flour Mills (P) Ltd. v. Commissioner of Income-tax

Metadata

Judgment