COMMISSIONER OF INCOME TAX vs. SENIOR BUILDERS LTD

PDF · subscribers
ITA - 1188 / 2010HC Delhi20 August 20101 pages
For Petitioner: SONIA MATHUR
AI SummaryRemanded

What did the High Court hold?

The High Court admitted the appeal on the substantial questions of law presented. The Court did not provide any findings or reasoning on the merits of the case in the provided text. The operative direction was to issue notice to the respondent. The questions of law were framed as substantial questions, indicating that the Tribunal's decision on these matters was being challenged. The judgment does not record any specific findings by the Tribunal that are being upheld or overturned, nor does it mention any ratio decidendi or specific relief granted or denied at this stage. The matter is at the stage of admission of the appeal.

What were the facts?

This case involves an appeal by the Commissioner of Income Tax (Appellant) against an order passed by the Income Tax Appellate Tribunal (Tribunal) concerning Senior Builders Ltd (Respondent). The appeal is filed under Section 260A of the Income Tax Act, 1961. The core of the dispute revolves around the computation of the time period to be excluded for the purpose of computing limitation under Section 153B of the Act. Specifically, the appeal questions whether the Tribunal correctly calculated the exclusion period under sub-clause (i) of the Explanation to Section 153B and whether the period allowed for a special audit under Section 142(2A) should be excluded for limitation computation. The High Court admitted the appeal on these substantial questions of law and issued notice.

What were the issues?

The High Court admitted the appeal on the following substantial questions of law: 1. Whether the Tribunal has correctly computed the time period to be excluded under sub-clause (i) of Explanation to Section 153B of the Act? 2. Whether on the facts of the present case, the period allowed to carry out the special audit under Section 142(2A) was liable to be excluded for the purpose of computing limitation under Section 153B of Act? Assessee's contentions: Not recorded in the provided text. Revenue's contentions: The appeal is preferred by the Revenue, implying disagreement with the Tribunal's decision. The specific arguments of the Revenue are not detailed in the provided text, but they are challenging the Tribunal's findings on the computation of exclusion periods under Section 153B and the applicability of Section 142(2A) for exclusion.

Which sections of the Income-tax Act were involved?

Section 260A,Section 153B,Section 142(2A)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 1188/2010 . COMMISSIONER OF INCOME TAX ..... Appellant Through: Ms. Sonia Mathur, Advocate. . versus . . . SENIOR BUILDERS LTD ..... Respondent Through: None. . . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 20.08.2010 CM No. 14499/2010 (exemption) Allowed, subject to all just exceptions. Accordingly, application stands disposed of. ITA 1188/2010 The present appeal preferred under Section 260A of the Income Tax Act, 1961 (in short ?Act?) is admitted on the following substantial questions of law:- 1. Whether the tribunal has correctly computed the time period to be excluded under sub-clause (i) of Explanation to Section 153B of the Act? . ITA 1188/2010 page 1 of 2. . 2. Whether on the facts of the present case, period allowed to carry out the special audit under Section 142 (2A) was liable to be excluded for the purpose of computing limitation under Section 153B of Act? . Issue notice. . . CHIEF JUSTICE . . MANMOHAN, J AUGUST 20, 2010 js . . . . . . . . . . . . . . . . . . . . . . ITA 1188/2010 page 2 of 2. . 4 $

More judgments on Section 153B

All 671 judgments and leading authorities on Section 153B →

Recent GST High Court judgments

Search GST case law →