The Tax Publishers2020 TaxPub(DT) 5161 (SC) : (2020) 273 TAXMAN 0449

INCOME TAX ACT, 1961

Section 261 Section 127

Where the department preferred SLP to appeal against the judgment of Punjab and Haryana High Court in Pr. CIT v. Kuantum Paper Ltd. [ITA No. 397 of 2018 (O & M), CM-24475-CII-2018, dt. 11-7-2019] : 2020 TaxPub(DT) 5160 (P&H-HC), whereby the High Court following the judgment in ITA No. 130 of 2018, dated on 7-2-2019 : 2019 TaxPub(DT) 1936 (P&H-HC) passed in Pr. CIT v. ABC Papers Ltd. held that matter involving the identical issue was disposed of in view of same revenue's appeal was disposed of by issuing a direction to file same with competent court of jurisdiction, the Supreme Court dismissed the SLP filed against the High Court's direction due to low tax effect.

Appeal (Supreme Court) - Special leave petition - Power of IT Authorities to transfer cases - Territorial jurisdiction of High Court to entertain appeal

Department preferred SLP to appeal against the judgment of Punjab and Haryana High Court in Pr. CIT v. Kuantum Paper Ltd. [ITA No. 397 of 2018 (O & M), CM-24475-CII-2018, dt. 11-7-2019] : 2020 TaxPub(DT) 5160 (P&H-HC), whereby the High Court following the judgment in ITA No. 130 of 2018, dated on 7-2-2019 : 2019 TaxPub(DT) 1936 (P&H-HC) passed in Pr.CIT v. ABC Papers Ltd. held that matter involving the identical issue was disposed of in view of same revenue's appeal was disposed of by issuing a direction to file same with competent court of jurisdiction. Held: The tax effect in the present matter being less than two crore rupees, in view of the CBDT Circular, dated 8-8-2019, there was no reason to interfere. The special leave petition was dismissed.

REFERRED :

FAVOUR : SLP dismissed.

A.Y. :



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