Commissioner Of Income Tax vs Mol Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1797

SUPREME COURT OF INDIA
M.R. SHAH, C.T. RAVIKUMAR, JJ.
Commissioner Of Income Tax – Appellant
Versus
M/S Mol Corporation – Respondent
Petition(s) for Special Leave to Appeal (C) No(s).5857/2023 @ D.7464/2023
Decided on : 24-03-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. N Venkatraman, A.S.G., Mr. Shashank Bajpai, Adv., Mr. V C Bharathi, Adv., Mr. Ishaan Sharma, Adv., Mrs. Rekha Pandey, Adv.

Headnote:(A) Income Tax Act - Review Petition pending against a previous judgment - The special leave petitions filed by the Revenue are dismissed - The issues raised are covered by the earlier judgement dated 02.03.2021 in "Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner Of Income Tax & Anr." (Paras 2-4)

(B) Review Petition - The right of the Revenue to revive the special leave petitions is reserved pending the outcome of the Review Petition. (Paras 3-4)

Facts of the case:
The special leave petitions are raised by the Revenue and address issues already settled by the prior judgment from 2021.

Findings of Court:
The Court records the dismissal of the special leave petitions as they are covered by a previous decision, with the possibility of revival depending on the Review Petition's outcome.

Issues: Whether the concerns raised by the Revenue in the current petitions are valid given the prior judgment which covers the matter.

Ratio Decidendi: The court determines that the issues presented by the Revenue align with prior findings, thus justifying dismissal of the petitions, while keeping open the possibility for revival post-review.

Result: Special Leave Petitions dismissed.

Table of Content
1. delay condemnation and judgment reference. (Para 1 , 2)
2. pending review petition impact on current leave petitions. (Para 3 , 4)
3. disposition of pending applications. (Para 5)

ORDER :

1. Delay condoned.

2. The issue raised by the Revenue in the present special leave petitions is covered against them vide judgment dated 02.03.2021 in the case of “Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner Of Income Tax & Anr.”, (2022) 3 SCC 321.

3. Learned Additional Solicitor General states that a Review Petition has been filed against this judgment, which is currently pending and the right of the Revenue to revive the present special leave petitions may be reserved, in case the Review Petition is allowed.

4. Recording the aforesaid, the special leave petitions are dismissed, as the same is covered by the said decision of this Court. In case the review petition on the issue raised in the present special leave petitions is allowed, it will be open to the petitioner(s) to get the present special leave petitions revived.

5. Pending application(s), if any, shall stand disposed of.

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2023 Supreme(SC) 1797

SUPREME COURT OF INDIAM.R. SHAH, C.T. RAVIKUMAR, JJ.Commissioner Of Income Tax – AppellantVersusM/S Mol Corporation – RespondentPetition(s) for Special Leave to Appeal (C) No(s).5857/2023 @ D.7464/2023Decided on : 24-03-2023

Cases Referred (1)

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SUPREME COURT OF INDIA
M.R. SHAH, C.T. RAVIKUMAR, JJ.
Commissioner Of Income Tax – Appellant
Versus
M/S Mol Corporation – Respondent
Petition(s) for Special Leave to Appeal (C) No(s).5857/2023 @ D.7464/2023
Decided on : 24-03-2023