H.P. Diamonds India Pvt. Ltd. v. Deputy Commissioner of Income-tax & Ors
[Citation -2022-LL-0520]
| Citation | 2022-LL-0520 |
|---|---|
| Appellant Name | H.P. Diamonds India Pvt. Ltd. |
| Respondent Name | Deputy Commissioner of Income-tax & Ors. |
| Court | SUPREME COURT |
| Relevant Act | Income-tax |
| Date of Order | 20/05/2022 |
| Judgment | View Judgment |
| Keyword Tags | appellate jurisdiction • non-speaking order |
| Bot Summary: | In view of our earlier decision in the case of Vishal Ashwin Patel Vs. Assistant Commissioner of Income Tax Circle 25(3) and Ors., 2022 SCALE 392, the matter is to be remanded to the High Court as the impugned judgment and order passed by the High Court is a non-speaking and non-reasoned order, we request Shri Balbir Singh, learned ASG to accept notice on behalf of the respondents. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay in Writ Petition No.3233/2019 by which the High Court has dismissed the said writ petition in the most casual and cursory manner and the order is a non-speaking order and nothing has been discussed on merits at all and the recent decision of this Court in the case of Vishal Ashwin Patel Vs. Assistant Commissioner of Income Tax Circle Signature Not Verified 25(3) Digitally signed by R Natarajan Date: 2022.05.27 and Ors. By which this Court has set aside the 16:02:17 IST Reason: similar order passed by the very Bench and remanded the matter to contd. 2 - the High Court, we set aside the impugned order passed by the High Court dismissing the writ petition. We remand the matter to the High Court to decide and dispose of the writ petition in accordance with law and on merits and to pass a reasoned and speaking order. Mr. Rajat Mittal, AOR For Respondent(s) UPON hearing the counsel the Court made the following ORDER Issue notice. The present Appeal is accordingly allowed to the extent in terms of the signed order. |