Yamu Industries Ltd. v. The Commissioner of Income-tax, Delhi (Central)-III
[Citation -2022-LL-0915-11]

Citation 2022-LL-0915-11
Appellant Name Yamu Industries Ltd.
Respondent Name The Commissioner of Income-tax, Delhi (Central)-III
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 15/09/2022
Judgment View Judgment
Keyword Tags non-prosecution
Bot Summary: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 363 OF 2009 M/S YAMU INDUSTRIES LTD. ... Appellant(s) Versus THE COMMISSIONER OF INCOME TAX ... Respondent(s) DELHI-III ORDER Learned counsel for the appellant states that he is not getting any instructions from the appellant and hence, he is not in a position to argue the present appeal. In view of the statement made, the appeal is dismissed for non-prosecution. We clarify that in view of the judgment of the High Court dated 28.05.2007 upholding the notice under Section 143(2) of the Income Tax Act, 1961, the Income Tax Appellate Tribunal would have to hear the appeal on merits. In case of non- appearance, the appeal may be dismissed in default. Mr. Raj Bahadur Yadav, AOR UPON hearing the counsel the Court made the following ORDER The appeal is dismissed for non-prosecution in terms of the signed order. Pending application(s), if any, shall stand disposed of. COURT MASTER COURT MASTER Signed Order is placed on the file.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 363 OF 2009 M/S YAMU INDUSTRIES LTD. ... Appellant(s) Versus COMMISSIONER OF INCOME TAX ... Respondent(s) DELHI (CENTRAL)-III ORDER Learned counsel for appellant states that he is not getting any instructions from appellant and hence, he is not in position to argue present appeal. In view of statement made, appeal is dismissed for non-prosecution. However, we clarify that in view of judgment of High Court dated 28.05.2007 upholding notice under Section 143(2) of Income Tax Act, 1961, Income Tax Appellate Tribunal would have to hear appeal on merits. Parties would appear before Tribunal on 14th October, 2022. In case of non- appearance, appeal may be dismissed in default. Pending application(s), if any, shall stand disposed of. ..J. (SANJIV KHANNA) Signature Not Verified Digitally signed by SONIA BHASIN Date: 2022.09.17 ..J. 16:18:56 IST Reason: (J.K. MAHESHWARI) NEW DELHI; SEPTEMBER 15 , 2022. sb ITEM NO.102 COURT NO.12 SECTION XIV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 363/2009 M/S YAMU INDUSTRIES LTD. Appellant(s) VERSUS COMMISSIONER OF INCOME TAX DELHI (CENTRAL)-III Respondent(s) Date : 15-09-2022 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. R. Gowrishankar, Adv. Mr. N.J. Ramchandar, Adv. Mr. S. Rajappa, AOR For Respondent(s) Mr. Balbir Singh, ASG Mr. Rupesh Kumar, Adv. Mr. Balbir Singh,Adv. Mr. S. Singh, Adv Mr. Shyam Gopal, Adv Mr. Naman Tandon, Adv. Ms. Anu Sura, Adv. Mr. Prasanjeet Mohapatra, Adv. Mr. Rupesh Kumar,Adv. Ms. Sunita Sharma, Adv. Mr. Prahlad Singh, Adv. Mr. Prashant Singh B, Adv. Mr. Raj Bahadur Yadav, AOR UPON hearing counsel Court made following ORDER appeal is dismissed for non-prosecution 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] Yamu Industries Ltd. v. Commissioner of Income-tax, Delhi (Central)-III
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