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The Tax Publishers2020 TaxPub(DT) 1307 (SC) INCOME TAX ACT, 1961
Sections 261, 254 & 271(1)(c)
Where the department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Shree Vardhman Overseas Ltd. [ITA 1229/2018, dt. 30-7-2019], whereby the High Court held that while court was conscious that the question raised by the revenue that judgment on basis of which, earlier decision of Tribunal was revered was not of jurisdictional High court but of Karnataka High Court. merited consideration, but in facts of instant case where business of assessee was closed way back in 2001 and proceedings pertained to assessment year, 1998-99, which was more than two decades ago, Court was not inclined to interfere with order of Tribunal, the Supreme Court dismissed the SLP however, the question of law was left open.
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Appeal (Supreme Court) - Special leave petition - Review of Tribunal order by placing reliance on judgment of High Court, which was not jurisdictional court - Power of Tribunal to review its order
Department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Shree Vardhman Overseas Ltd. [ITA 1229/2018, dt. 30-7-2019], whereby the High Court held that while court was conscious that the question raised by the revenue that judgment on basis of which earlier decision of Tribunal was reversed was not of jurisdictional High Court but of Karnataka High Court, merited consideration, but in facts of instant case where business of assessee was closed way back in 2001 and proceedings pertained to assessment year 1998-99, which was more than two decades ago, court was not inclined to interfere with order of Tribunal. Held: The Supreme Court dismissed the SLP however, the question of law was left open.
REFERRED :
FAVOUR : SLP dismissed.
A.Y. :
IN THE SUPREME COURT OF INDIA
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