COMMISSIONER OF INCOME TAX AND ORS. Vs. KHODAY BREWERIES LTD.
LAWS(SC)-2016-2-151
SUPREME COURT OF INDIA
Decided on February 15,2016

COMMISSIONER OF INCOME TAX And ORS. Appellant
VERSUS
Khoday Breweries Ltd. Respondents

JUDGEMENT

- (1.) Delay condoned. In view of the factual determination made by the High Court that the amounts realised to meet the contingent sales tax liability of the Assessee has since been refunded to the persons from whom the same was collected and also a finding has been reached that the agreement enhancing the lease rent was not a sham document, we find no ground to continue to entertain the present special leave petitions. We accordingly dispose of the special leave petitions leaving it open for the Revenue to avail of such remedies as may be open to it in law in the event the Revenue considers it necessary to so act.;


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