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Civil · Reportable judgment

Pr. Commissioner of Income Tax Central 2 vs M/s A.A. Estate Pvt. Ltd.

Court
Supreme Court of India
Date
16 April 2019
Case No.
Civil Appeal No. 3968 of 2019
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 6 S.C.R. 188 : 2019 INSC 544
Supreme Court Reports [2019] 6 S.C.R. 188 : 2019 INSC 544
Headnote

Income Tax Act, 1961: ss. 260-A, 260-A(3), 260-A(4) – Appeal to High Court – Formulation of substantial question of law – On facts, non-formulation of any substantial question of law by the High Court as required to be framed u/s.260-A – Held: Questions framed by the High Court were not as was required to be framed u/s 260-A(3) for hearing the appeal but were the questions urged by the appellant – There lies a distinction between the questions proposed by the appellant for admission of the appeal and the questions framed by the Court – Questions, which are proposed by the appellant, fall u/s 260-A(2)(c) whereas the questions framed by the High Court fall u/s 260-A(3) – Appeal is heard on merits only on the questions framed by the High Court u/s. 260-A(3) as provided u/s. 260-A (4) – Further, if the High Court was of the view that the appeal did not involve any substantial question of law, it should have recorded a categorical finding to that effect and dismissed the appeal in limine – However, the High Court without admitting the appeal and framing any question of law, issued notice of appeal to the assessee, heard both the parties on the questions urged by the appellant and dismissed it – Thus, the High Court did not decide the appeal in conformity with the mandatory procedure prescribed in s.260-A – High Court should have seen that the substantial questions of law did arise in the appeal for being answered on their respective merits – Matter remanded to the High Court to answer the questions framed by this Court u/s. 260-A(3) of the Act.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 09.01.2017 passed by the High Court of judicature at Bombay in ITA No.1239 of 2014 whereby the High Court dismissed the appeal of the Revenue-Commissioner of Income Tax-Mumbai(appellant herein). 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. 4. The appellant is the Revenue-Commissioner of Income Tax, Mumbai, whereas the respondent is an assessee. 5. The respondent-assessee is a Compa
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