Full News

Income Tax

Court recalls earlier order and restores Special Leave Petition based on revised tax effect.

Court recalls earlier order and restores Special Leave Petition based on revised tax effect.

In R.P.(C) No. 1769/2019 in SLP(C) No. 775/2019, the Special Leave Petition was initially dismissed on January 2, 2019, based on the grounds that the tax effect was less than Rupees One Crore, as per a CBDT circular. However, Mr. Vikramjit Banerjee, the learned Additional Solicitor General, has presented evidence from the paper book indicating that the tax effect for the assessment year 2007-08 is approximately Rs 2.94 crores. Considering this new information, the court has decided to recall the previous order and restore the Special Leave Petition to the file. It has been tagged with Civil Appeal No. 152 of 2015. In the related case of R.P.(C) No. 1770/2019 in SLP(C) No. 776/2019, Mr. Vikramjit Banerjee has stated that the tax effect is approximately Rs 47 lakhs. Given this amount and the CBDT circular, the court determines that it is unnecessary to entertain the present proceedings. As a result, the Review Petition is dismissed.



In R.P.(C) No. 1769/2019 in SLP(C) No. 775/2019, the Special Leave Petition was initially dismissed on January 2, 2019, based on the grounds that the tax effect was less than Rupees One Crore, as per a CBDT circular.



However, Mr. Vikramjit Banerjee, the learned Additional Solicitor General, has presented evidence from the paper book indicating that the tax effect for the assessment year 2007-08 is approximately Rs 2.94 crores.



Considering this new information, the court has decided to recall the previous order and restore the Special Leave Petition to the file. It has been tagged with Civil Appeal No. 152 of 2015.



In the related case of R.P.(C) No. 1770/2019 in SLP(C) No. 776/2019, Mr. Vikramjit Banerjee has stated that the tax effect is approximately Rs 47 lakhs. Given this amount and the CBDT circular, the court determines that it is not necessary to entertain the present proceedings.



Therefore, the Review Petition is dismissed.





[Dr Dhananjaya Y Chandrachud]



[Hemant Gupta]





New Delhi;



December 04, 2019.



R.P.(C) No. 1769/2019 in SLP(C) No. 775/2019



The Special Leave Petition was dismissed on 2 January 2019 on the

ground that the tax effect is less than Rupees One Crore on the basis of a CBDT circular.



Mr Vikramjit Banerjee, learned Additional Solicitor General has

adverted to the relevant part of the paper book to indicate that the tax

effect for the assessment year 2007-08 is Rs 2.94 crores (approximately).



In the above circumstances, we recall the order dated 2 January

2019 dismissing the Special Leave Petition (C) No 775 of 2019 on the

ground of low tax effect. The Special Leave Petition is restored to the file.



Tag with Civil Appeal No 152 of 2015.



R.P.(C) No. 1770/2019 in SLP(C) No. 776/2019



Mr Vikramjit Banerjee, learned Additional Solicitor General states

fairly that since the tax effect is Rs 47 lakhs (approximately), it is not necessary for the Court to entertain the present proceedings in view of the CBDT circular.



The Review Petition is accordingly dismissed.




[Dr Dhananjaya Y Chandrachud]





[Hemant Gupta]



New Delhi;


December 04, 2019

CONCEPTS