Sadhana R. Jain v. The Central Board of Direct Taxes & Anr
[Citation -2022-LL-0518]

Citation 2022-LL-0518
Appellant Name Sadhana R. Jain
Respondent Name The Central Board of Direct Taxes & Anr.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 18/05/2022
Judgment View Judgment
Keyword Tags income declaration scheme • appellate jurisdiction • accrued interest
Bot Summary: On 10.5.2022 we noticed that the respondents have condescended to enter appearance after three years and passed the following order:- Learned counsel for the respondents have finally condescended to appear, three years after the notice was issued! Learned counsel for the petitioner submits that the case is actually covered as in terms of the 2 Notification dated 13.12.2019 of the Ministry of Finance that all such people who defaulted in making payment were permitted to deposit the amount with 12 per cent interest. Learned counsel for the respondent seeks a short accommodation to obtain instructions in this behalf. Learned counsel for the respondents sought a short accommodation to obtain instructions. We put a question to learned counsel for the respondents that at least to the extent a notification has been issued, there cannot be further instructions sought. In view thereof, the appellant is entitled to the relief in terms Signature Not Verified of the notification and since the amount stands already deposited in Digitally signed by RASHMI DHYANI Date: 2022.05.18 17:03:46 IST Reason: the Court along with interest, the said amount with any further accrued interest on the same be remitted to the respondents, 2 particulars of which will be given by the learned counsel for the respondents. UPON hearing the counsel the Court made the following ORDER Leave granted. The civil appeal stands allowed in terms of the signed order.


1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.4141/2022 (Arising out of SLP (C) No.9368/ 2019) SADHANA R. JAIN Appellant(s) VERSUS CENTRAL BOARD OF DIRECT TAXES & ANR. Respondent(s) ORDER Leave granted. On 10.5.2022 we noticed that respondents have condescended to enter appearance after three years and passed following order:- Learned counsel for respondents have finally condescended to appear, three years after notice was issued! Learned counsel for petitioner submits that case is actually covered as in terms of 2 Notification dated 13.12.2019 of Ministry of Finance that all such people who defaulted in making payment were permitted to deposit amount with 12 per cent interest. That amount with interest stands deposited in pursuance to order dated 22.04.2019 albeit before this Court and has being kept in interest bearing deposit. Learned counsel for respondent seeks short accommodation to obtain instructions in this behalf. List on 18.05.2022. Learned counsel for respondents sought short accommodation to obtain instructions. Today further time is sought. request is declined. We put question to learned counsel for respondents that at least to extent notification has been issued, there cannot be further instructions sought. He admits that notification has been issued. In view thereof, appellant is entitled to relief in terms Signature Not Verified of notification and since amount stands already deposited in Digitally signed by RASHMI DHYANI Date: 2022.05.18 17:03:46 IST Reason: Court along with interest, said amount with any further accrued interest on same be remitted to respondents, 2 particulars of which will be given by learned counsel for respondents. consequence would be that appellant would be entitled to benefit of Income Declaration Scheme of 2016 (IDS). civil appeal stands allowed to aforesaid extent. J. (SANJAY KISHAN KAUL) J. (M.M. SUNDRESH) New Delhi; 18th May, 2022 3 ITEM NO.12 COURT NO.6 SECTION III SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9368/2019 (Arising out of impugned final judgment and order dated 29-01-2019 in WP No.14395/2018 passed by High Court of Judicature at Bombay) SADHANA R. JAIN Appellant(s) VERSUS CENTRAL BOARD OF DIRECT TAXES & ANR. Respondent(s) ( IA No. 60484/2019 - EXEMPTION FROM FILING C/C OF IMPUGNED JUDGMENT IA No. 60483/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 18-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. Makarand D. Adkar, Adv. Mr. Vijay Kumar, Adv. Mr. Dhaval S. Deshpande, Adv. Mr. Sanket Bora, Adv. Mr. Shantanu M. Adkar, Adv. Ms. Bharti Tyagi, AOR Ms. Rekha Rani, Adv. For Respondent(s) Mr. Arijit Prasad, Adv. Dr. Abhishek Atrey, Adv. Mr. B. K. Satija, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Vivek Sood, Adv. Mr. Gopal Chandra Mishra, Adv. UPON hearing counsel Court made following ORDER Leave granted. civil appeal stands allowed in terms of signed order. Pending applications stand disposed of. (RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER (signed order is placed on file) Sadhana R. Jain v. Central Board of Direct Taxes & Anr
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