SHAW WALLACE AND CO LTD Vs. COMMISSIONER OF INCOME TAX
SUPREME COURT OF INDIA
SHAW WALLACE AND CO LTD
COMMISSIONER OF INCOME TAX
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(1.)Heard the learned counsel for the parties at length.
(1) The block assessment order dt. 30th March, 2001, passed pursuant to the interim order of this Court dt. 5th Feb., 2001 is hereby set aside.
(2) The Tribunal to hear the appellant's appeal against the block assessment order dt, 28th Nov., 1997. It is clarified that it is open to the appellant to raise all contentions which are available to it in law. The Tribunal will dispose of the appeal without being influenced by any observations made in the order of the Tribunal dt. 22nd April, 1998, or 1st June, 1999, and the order of the High Court dt. 17th Nov., 2000.
(3) The Tribunal will take into consideration retrospective amendments made in the year 2002.
(4) The CIT(A) to hear and dispose of the appellant's appeal against the regular assessment order dt. 31st March, 1998, without taking into consideration the observations contained in the order of the High Court dt. 17th Nov., 2000 (supra). It would be open to the appellant to raise all contentions which are available to it in law. The CIT(A) will take into consideration retrospective amendments made in the year 2002.
(5) Both the Tribunal and the CIT(A) are requested to decide the matters within 2 months.
(6) Upto 30th Nov., 2002, the Department not to take any coercive action for recovery. Meantime, it would be open to the appellant to approach the Appropriate Authority for interim relief.
(2.)Both the appeals stand disposed of accordingly.
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