Commissioner of Income-tax, West Bengal v. SBI Home Finance Limited
[Citation -2022-LL-0913-3]

Citation 2022-LL-0913-3
Appellant Name Commissioner of Income-tax, West Bengal
Respondent Name SBI Home Finance Limited
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 13/09/2022
Judgment View Judgment
Bot Summary: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3548 OF 2007 COMMISSIONER OF INCOME TAX, WEST BENGAL ... APPELLANT(S) Versus SBI HOME FINANCER LIMITED ... RESPONDENT(S) ORDER We have heard the learned senior counsel for the Revenue and the learned amicus curiae, who have taken us through the relevant clauses of the agreements dated 08.12.1993 and 30.12.1994. Further the lease rentals in entirety have been taxed as a revenue receipt/income accrued and taxable. In view of the aforesaid factual background, we do not find any good ground and reason to interfere with the final conclusion and decision of the High Court. UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of. UPON hearing the counsel the Court made the following ORDER The appeal is dismissed in terms of the signed order. COURT MASTER COURT MASTER Signed Order is placed on the file 3.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3548 OF 2007 COMMISSIONER OF INCOME TAX, WEST BENGAL ... APPELLANT(S) Versus SBI HOME FINANCER LIMITED ... RESPONDENT(S) ORDER We have heard learned senior counsel for Revenue and learned amicus curiae, who have taken us through relevant clauses of agreements dated 08.12.1993 (Annexure P-1) and 30.12.1994 (Annexure P-2). On construing relevant clauses, it is apparent that respondent-assessee had become owner of plant and machinery. Further lease rentals in entirety have been taxed as revenue receipt/income accrued and taxable. In view of aforesaid factual background, we do not find any good ground and reason to interfere with final conclusion and decision of High Court. Accordingly, appeal is dismissed. Pending application(s), if any, shall stand disposed of. ..J. (SANJIV KHANNA) Signature Not Verified Digitally signed by ...J. SONIA BHASIN Date: 2022.09.16 17:18:32 IST (J.K. MAHESHWARI) Reason: NEW DELHI; SEPTEMBER 13, 2022. 1 REVISED-APPEARANCE ITEM NO.107 COURT NO.12 SECTION XVI SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 3548/2007 COMMISSIONER OF INCOME TAX,WEST BENGAL Appellant(s) VERSUS SBI HOME FINANCER LIMITED Respondent(s) (Mr. S.K. Bagaria, Senior Advocate may be shown in cause list . ) Date : 13-09-2022 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Appellant(s) Mr. Arijit Prasad, Sr. Adv. Mr. Rupesh Kumar, Adv. Mr. H.R. Rao, Adv. Mr. Santosh Kumar, Adv. Mr. Praneet Pranav, Adv. Mr. Raj Bahadur Yadav, AOR For Respondent(s) Mr. S.K. Bagaria, Sr. Adv. Mr. K.A. Singh, Adv. UPON hearing counsel Court made following O R D E R appeal is dismissed in terms of signed order. Pending application(s), if any, shall stand disposed of. (SONIA BHASIN) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on file] 2 ITEM NO.107 COURT NO.12 SECTION XVI SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 3548/2007 COMMISSIONER OF INCOME TAX,WEST BENGAL Appellant(s) VERSUS SBI HOME FINANCER LIMITED Respondent(s) (Mr. S.K. Bagaria, Senior Advocate may be shown in cause list . ) Date : 13-09-2022 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Appellant(s) Mr. Arijit Prasad, Sr. Adv. Mr. H.R. Rao, Adv. Mr. Raj Bahadur Yadav, AOR For Respondent(s) Mr. S.K. Bagaria, Sr. Adv. Mr. K.A. Singh, Adv. UPON hearing counsel Court made following ORDER appeal is dismissed in terms of signed order. Pending application(s), if any, shall stand disposed of. (SONIA BHASIN) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on file] 3 Commissioner of Income-tax, West Bengal v. SBI Home Finance Limited
Report Error