Assistant Commissioner Of Income Tax, Circle - 1, Bilaspur Chhattisgarh v. M/S South Eastern Coalfields Limited Seepat Road, Bilaspur C.g
High Court
10 Jan 2020 In favour of: Assessee
Forum / Bench
High Court · cghccisdb
Parties
Assistant Commissioner Of Income Tax, Circle - 1, Bilaspur Chhattisgarh v. M/S South Eastern Coalfields Limited Seepat Road, Bilaspur C.g
Date of order
10 Jan 2020
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Assistant Commissioner Of Income Tax, Circle - 1, Bilaspur Chhattisgarh v. M/S South Eastern Coalfields Limited Seepat Road, Bilaspur C.g, the High Court (2020) dismissed the appeal. The decision went in favour of the assessee.
Decision: Subject to the above, this appeal stands dismissed as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
HIGH COURT OF CHHATTISGARH, BILASPURTAXC No. 95 of 2019
NAFR
Assistant Commissioner Of Income Tax, Circle - 1, Bilaspur Chhattisgarh.
----Appellant
VERSUS
M/s South Eastern Coalfields Limited Seepat Road, Bilaspur C.G.
----Respondent
For Appellant : Mr. Amit Chaudhari, Advocate, Ms. Naushina Ali,
Advocate and Mr. Ajay Kumrani, Advocate.
Hon'ble Shri P.R. Ramachandra Menon, Chief JusticeHon'ble Shri Parth Prateem Sahu, Judge
Judgment on BoardPer P.R. Ramachandra Menon, Chief Justice.
10/01/2020
1. This appeal has been preferred by the Department of Revenue (Tax)challenging the verdict passed by the Income Tax Appellate Tribunal, Raipurstating that much substantial questions of law as envisaged under Section 260A of Income Tax Act, 1961 are involved herein and hence, it require to beadjudicated by this Court.challenging the verdict passed by the Income Tax Appellate Tribunal, Raipurstating that much substantial questions of law as envisaged under Section 260A of Income Tax Act, 1961 are involved herein and hence, it require to beadjudicated by this Court.
2. When the matter is taken up for consideration, learned standing counselsubmits that because of some oversight, some inadvertant mistake has creptin framing the substantial questions of law, which require to be suggested in abetter and precise manner, so as to have effective adjudication by this Court.In the said circumstance, permission of this Court is sought to withdraw thisappeal without prejudice to file fresh one raising the pleadings and prayers,including the substantial question of law involved in appropriate terms.submits that because of some oversight, some inadvertant mistake has creptin framing the substantial questions of law, which require to be suggested in abetter and precise manner, so as to have effective adjudication by this Court.In the said circumstance, permission of this Court is sought to withdraw thisappeal without prejudice to file fresh one raising the pleadings and prayers,including the substantial question of law involved in appropriate terms.
3. The aforesaid prayer is granted. Considering the fact that the appellant hasapproached this Court and filed the appeal within the time permitted under thestatute, we find it appropriate to grant liberty to the appellant to file freshapproached this Court and filed the appeal within the time permitted under thestatute, we find it appropriate to grant liberty to the appellant to file fresh
proceedings as corrected and modified to the requisite extent within a furtherperiod of six weeks from today.
4. Subject to the above, this appeal stands dismissed as withdrawn. Registry isdirected to return the certified copies of the orders passed by the Tribunal andthe service certificate to the learned standing counsel for proceeding withfurther steps.
Sd/- Sd/-
(P.R. Ramachandra Menon)Chief Justice
(Parth Prateem Sahu) Judge
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