Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(SC) 1567

SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
C.I.T., Jammu & Anr. - Appellants
Versus
M/s Shree Balaji Alloys - Respondents
Civil Appeal No. 10061 of 2011, Civil Appeal No. 10666 of 2013, Civil Appeal No. 8491 of 2012, Civil Appeal No. 8495 of 2012, Civil Appeal No. 8492 of 2012, Civil Appeal No. 10396 of 2013, Civil Appeal No. 8907 of 2013, Civil Appeal No. 8490 of 2012 and Civil Appeal No. 8337 of 2013
Decided On : 19-04-2016

Advocates Appeared:
For the Appellants : Mr. K. Radhakrishnan, Mr. Arijit Prasad, Ms. Sadhana Sandhu, Ms. Rashmi Malhotra, Ms. Gargi Khanna, Mr. S.A. Haseeb, Mr. Rupesh Kumar, Mr. D.L. Chidananda, Mrs. Anil Katiyar, Mr. B.V. Balaram Das
For the Respondents: Mr. Ajay Vohra, Ms. Kavita Jha, Mr. Jay Savla, Mr. Abhinav Sharma, Mr. Shreyas Mehrotra, Mr. Bhargava V. Desai, Ms. Saumya Mehrotra, Mr. Prateesh Kapoor, Mr. Ranjit B. Raut, Ms. Bina Gupta, Mr. Abhay A. Jena
For the Intervention :Mr. U.A. Rana, Ms. Mridul Elker Mazumdar, Mr. Himanshu Mehta, Advocates for M/s Gagrat & Co.

Precedent and its impact on the outcome of the case

Headnote:
Revenue - Taxation - Legal provision discussed by the court
Fact of the Case:

The issue raised in the appeals is covered against the Revenue by the decision of the Court in previous cases.
Finding of the Court:

The appeals are dismissed as the issue is covered against the Revenue by previous court decisions.
Issues: The issue raised in the appeals and its coverage by previous court decisions.
Ratio Decidendi: The issue raised in the appeals is already covered by previous court decisions, leading to the dismissal of the appeals.
Final Decision: The appeals are dismissed with no costs.

ORDER :

Heard Mr. K. Radhakrishnan, learned senior counsel appearing for the Revenue as well as Mr. Ajay Vohra, learned senior counsel appearing for the respondents.

2. The issue raised in these appeals is covered against the Revenue by the decision of this Court in "Commissioner of Income Tax, Madras v. Ponni Sugars and Chemicals Ltd.", reported in (2008) 9 SCC 337, or in the alternate, in "Commissioner of Income Tax v. M/s Meghalaya Steels Ltd.", reported in (2016) 3 SCALE 192.

3. The appeals are, therefore, dismissed.

4. No costs.

Click Here to Read the rest of this document

2016 Supreme(SC) 1567

Precedent and its impact on the outcome of the case

Cases Referred (2)