Haldia Petrochemicals Ltd. v. Commissioner of Income-tax, Kol-IV
[Citation -2022-LL-0105-1]

Citation 2022-LL-0105-1
Appellant Name Haldia Petrochemicals Ltd.
Respondent Name Commissioner of Income-tax, Kol-IV
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 05/01/2022
Judgment View Judgment
Keyword Tags material available on record • evidence on record


ITEM NO.14 Court 12 (Video Conferencing) SECTION XVI SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 29971/2015 (Arising out of impugned final judgment and order dated 27-04-2015 in ITA No. 312/2007 passed by High Court At Calcutta) HALDIA PETROCHEMICALS LTD. THROUGH ITS EXECUTIVE, VICE PRESIDENT, CFO & CC Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX, KOL.-IV Respondent(s) (IA No. 120455/2020 - APPLICATION FOR PERMISSION) Date : 05-01-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Kavin Gulati, Sr. Adv. Ms. Vanita Bhargava, Adv. Mr. Ajay Bhargava, Adv. Ms. Trishala Trivedi, Adv. Ms. Raddhika Khanna, Adv. for M/S. Khaitan & Co., AOR For Respondent(s) Mr. Rupesh Kumar, Adv. Mr. Chandra Kant Sharma, Adv. Ms. Swarupama Chaturvedi, Adv. Mr. Mukul Singh, Adv. Mr. Raj Bahadur Yadav, AOR UPON hearing counsel Court made following ORDER Having heard Mr. Kavin Gulati, learned Senior Advocate appearing for petitioner-assessee and Mr. Rupesh Kumar, learned counsel appearing for Revenue and having gone through judgment and order passed by High Court and order passed by Signature Not Verified Digitally signed by R Natarajan Date: 2022.01.07 17:58:41 IST ITAT reversing order passed by CIT passed under Section Reason: 263 of I.T. Act, we are of opinion that, as such, there was 2 no specific finding recorded by ITAT that on three aspects men- tioned in impugned order passed by High Court and/or even observed by CIT any enquiry was held or conducted by As- sessing Officer while passing assessment order. Under cir- cumstances, when matter is remitted to Assessing Officer to pass fresh order, we see no reason to interfere with same. Though, it is specifically clarified by High Court that issue considered by CIT shall be considered by Assess- ing Officer on basis of evidence in accordance with law without being influenced by observations made by CIT, we again reiterate same and observe that Assessing Officer to pass appropriate order on basis of material available on record and/or considering evidence on record in accordance with law and on its own merits and without, in any way, being influenced by observations made by CIT and ITAT. With this, present Special Leave Petition stands dis- missed. Pending applications, if any, stand disposed of. (R. NATARAJAN) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER Haldia Petrochemicals Ltd. v. Commissioner of Income-tax, Kol-IV
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