Commissioner of Income Tax vs Jindal Steel & Power Limited, Through its Managing Director

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1201

B. V. NAGARATHNA, UJJAL BHUYAN
Commissioner of Income Tax – Appellant
Versus
Jindal Steel & Power Limited, Through its Managing Director – Respondent

Advocates appeared:
For the Parties : Mr. Arvind P. Datar, Sr. Adv. Ms. Kavita Jha, AOR Mr. Anant Mann, Adv. Mr. Balbir Singh, A.S.G. Mr. Arijit Prasad, Sr. Adv. Mr. Raj Bahadur Yadav, AOR Mrs. Alka Agarawal, Adv. Mrs. Gargi Khanna, Adv. Mr. Rupesh Kumar, Adv. Mr. H R Rao, Adv. Mr. V C Bharathi, Adv. Mr. Prahlad Singh, Adv. Mrs. Anil Katiyar, AOR Mr. Gopal Jain, Sr. Adv. Mr. Naveen Kumar, AOR Ms. Stuti Bisht, Adv. Mr. Nitesh Bhandari, Adv. Mr. Shourajeet Chakravarty, Adv. Ms. Aprajita Bhardwaj, Adv. Mr. Prabhat Kumar Rai, Adv. Mr. Amar Dave, Adv. Mr. S. Ravi Shankar, AOR Mrs. Yamunah Nachiar, Adv. Mr. S. Ganesh, Sr. Adv. Mr. Ajay Vohra, Sr. Adv. Ms. Kavita Jha, AOR Mr. Rohit Jain, Adv. Mr. Aniket D. Agrawal, Adv. Mr. Abhisek Singhvi, Adv. Mr. Shri Venkatesh, Adv. Mr. Ashutosh K. Srivastava, Adv. Mr. Nihal Bhardwaj, Adv. M/S. Khaitan & Co., AOR Mrs. Vanita Bhargava, Adv. Mr. Ajay Bhargava, Adv. Mr. V. Lakshmikumaran, Adv. Mr. S. Vasudevan, Adv. Mr. Tanmay Bhatnagar, Adv. Mr. Shivam Gupta, Adv. Ms. Charanya Lakshmikumaran, AOR Mr. Punit Dutt Tyagi, AOR Mr. Nageswar Rao, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Aksahy Uppal, Adv. Mr. Parth, Adv. Mr. Karun Sharma, Adv. Mr. Percy Pardiwala, Sr. Adv. Mr. K. R. Sasiprabhu, AOR Mr. Amit Mathur, Adv. Mr. Vishnu Sharma A S, Adv. Mr. Tushar Bhardwaj, Adv. Mr. Nageswar Rao, Adv. Mr. Ambhoj Kumar Sinha, AOR Mr. Parth, Adv. Ms. Mehar Verma, Adv.

JUDGMENT :

Ujjal Bhuyan, J.

There are three special leave petitions in this batch, viz., SLP (C) No.15564 of 2020, SLP (C) No.5871 of 2020 and SLP (C) No.792 of 2021. Leave in these special leave petitions are therefore granted.

2. Core issue raised in this batch of civil appeals being identical, those were heard together and are being disposed of by this common judgment and order.

3. We have heard Mr. Rupesh Kumar, learned counsel for the revenue representing the appellants; Mr. S. Ganesh and Mr. Percy Pardiwala, learned senior counsel as well as Mr. D. Nageswar Rao, learned counsel for the respondent assessee.

4. All the appeals are by the revenue assailing orders of various high courts dismissing its appeals filed under Section 260A of the Income Tax Act, 1961. The core and common issue raised in all the appeals is the recomputation of deduction under Section 80 IA of the Income Tax Act, 1961 by the assessing officer which was set aside by the Income Tax Appellate Tribunal and upheld by the High Courts by accepting the contention of the assessee. Revenue is aggrieved as it contends that the recomputation of deduction made by the assessing officer was interfered with by the Income Tax

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2023 Supreme(SC) 1201

B. V. NAGARATHNA, UJJAL BHUYANCommissioner of Income Tax – AppellantVersusJindal Steel & Power Limited, Through its Managing Director – Respondent

Cases Referred (2)

B. V. NAGARATHNA, UJJAL BHUYAN
Commissioner of Income Tax – Appellant
Versus
Jindal Steel & Power Limited, Through its Managing Director – Respondent