THE DY COMMISSIONER OF INCOME-TAX vs. M/S.JINDAL THERMAL POWER COMPANY LTD

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RP/319/2010HC KarnatakaKAHC01062133201024 July 2015Bench: MOHAN M. SHANTANAGOUDAR,C.R.KUMARASWAMY7 pages
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What did the High Court hold?

The High Court reviewed and recalled its previous judgment. The original appeals were restored to the file of the High Court for fresh consideration.

What were the facts?

The Revenue filed review petitions against a High Court judgment after the Supreme Court granted them permission to do so. This permission was based on an amendment to Section 9 of the Income Tax Act, 1961, which had retrospective effect.

What were the issues?

Whether the retrospective amendment to Section 9 of the Income Tax Act, 1961, warrants a review of a prior High Court judgment.

Which sections of the Income-tax Act were involved?

Section 9

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Heard together (3 matters)

R.P. NO.318/2010
R.P. NO.319/2010
R.P. NO.317/2010

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24th DAY OF JULY, 2015

PRESENT

THE HON’BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

AND

THE HON’BLE MR. JUSTICE C.R. KUMARASWAMY

R.P. NO.318/2010 IN ITA NO.3025/2005 c/w R.P. NO.319/2010 IN ITA NO.3022/2005, R.P. NO.317/2010 IN ITA NO.3023/2005

IN R.P. NO.318/2010 IN ITA NO.3025/2005:

BETWEEN:

1.

The Dy. Commissioner of Income-Tax (TDS) HMT Bhavan Bellary Road Bangalore

2.

The Commissioner of Income Tax (TDS) HMT Bhavan Bellary Road Bangalore

.. Petitioners

(By Sri K.V.Aravind, Adv.,)

2 AND :

M/s. Jindal Thermal Power Company Ltd., (Earlier known as Jindal Tractebel Power Company Ltd.,) 707, Barton Centre, M.G.Road Bangalore

Also at: ‘Raheja Towers’ East Wing, 6th Floor 26-27, M.G.Road Bangalore-560001

..Respondent

(By Sri T.S.Ravikumar, Adv., for Sri T.S.Venkatesh, Adv.,)

This Review Petition is filed under Order-47 Rule-1 r/w Section 114 of CPC praying for review of the Order dated 16.03.2009 passed in ITA No.3025/2005, on the file of the Hon’ble High Court of Karnataka Bangalore.

IN R.P. NO.319/2010 IN ITA NO.3022/2005:

BETWEEN:

1.

The Dy. Commissioner of Income-Tax (TDS) HMT Bhavan Bellary Road Bangalore

3 2. The Commissioner of Income Tax (TDS Bellary Road Bangalore

..Petitioners (By Sri K.V.Aravind, Adv.,)

AND :

M/s. Jindal Thermal Power Company Ltd., (Earlier known as Jindal Tractebel Power Company Ltd.,) 707, Barton Centre, M.G.Road Bangalore

Also at: ‘Raheja Towers’ East Wing, 6th Floor 26-27, M.G.Road Bangalore-560001

..Respondent

(By Sri T.S.Ravikumar, Adv., for Sri T.S.Venkatesh, Adv.,)

This Review Petition is filed under Order-47 Rule-10 of the Income Tax Act r/w Section 114 of CPC praying for review of the Order dated 16.03.2009 passed in ITA No.3022/2005, on the file of the Hon’ble High Court of Karnataka, Bangalore.

4 IN R.P. NO.317/2010 IN ITA NO.3023/2005:

BETWEEN:

1.

The Dy. Commissioner of Income-Tax (TDS) HMT Bhavan Bellary Road Bangalore

2.

The Commissioner of Income Tax (TDS) HMT Bhavan Bellary Road Bangalore

..Petitioners (By Sri K.V.Aravind, Adv.,)

AND :

M/s. Jindal Thermal Power Company Ltd., (Earlier known as Jindal Tractebel Power Company Ltd.,) 707, Barton Centre, M.G.Road Bangalore

Also at: ‘Raheja Towers’ East Wing, 6th Floor 26-27, M.G.Road Bangalore-560001

..Respondent (By Sri T.S.Ravikumar, Adv., for Sri T.S.Venkatesh, Adv.,)

This Review Petition is filed under Section 47 Rule 10 of CPC, praying for review of the Order dated 16.03.2009 passed in ITA No.3023/2005, on the file of the Hon’ble High Court of Karnataka Bangalore.

These Review Petitions coming up for admission, this day, MOHAN M. SHANTANAGOUDAR .J., made the following.

O R D E R

The Judgment dated 16th March 2009 passed by this Court in ITA No.3025/2005, ITA No.3022/2005 and ITA No.3023/2005, which is impugned in these Review Petitions, was earlier questioned before the Apex Court in SLP (C) Nos.18308-309/2010 and SLP (C) CC No.1479/2010. The Apex Court in the said matters has observed thus:

“In this case, by Finance Act, 2010, Section 9 of the Income Tax Act, 1961, has been amended with effect from 1st June, 1976. No doubt, Finance Act, 2010, came into force only after the impugned judgment came to be

6 delivered. Be that as it may, since Finance Act, 2010, operates with effect from 1st June, 1976, we are required to give permission to the Department to move the High Court by way of review petition within a period of six weeks from today. We order accordingly.

The Special Leave Petition is, accordingly disposed of.”

2.

Pursuant to the aforementioned observations made by the Apex Court, these Review Petitions are filed by the Revenue. Having regard to the fact that Finance Act, 2010 operates with effect from 1st June 1976, we feel just and proper to review the order dated 16th March 2009 passed in ITA No.3025/2005, ITA No.3022/2005 and ITA No.3023/2005. While passing the order, we have also kept in mind the observations made by the Apex Court as mentioned supra as well as the Judgment of the Apex Court in the case of GVK INDUSTRIES LIMITED .vs. INCOME-TAX OFFICER reported in (2015)54 taxmann.com 347 (SC).

3.

In view of the above, the Judgment dated 16th March 2009 passed in ITA No.3025/2005, ITA No.3022/2005 and ITA No.3023/2005 is reviewed and recalled and the said ITAs. are restored to the file of this Court.

Registry is directed to post ITA No.3025/2005, ITA No.3022/2005 and ITA No.3023/2005 before the Bench having roster alongwith Writ Petition No.192/2011.

Review Petitions are allowed accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

Gss/-

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