Commissioner Of Income Tax, Kota v. H.h. Bhim Singh, 1/1 Maharao Brij Raj Singh, Ummed Bhawan, Kota

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Civil Review No. 41 / 2014 Commissioner of Income Tax, Kota ----Petitioner Versus H.H. Bhim Singh, 1/1 Maharao Brij Raj Singh, Ummed Bhawan, Kota ----Respondent _____________________________________________________ For Petitioner(s) :Mr. P.K. Kasliwal Adv. For Respondent(s) :Mr. R.B. Mathur Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI 14/07/2017 HON'BLE MR. JUSTICE J.K.RANKA Judgment Application has been filed for recalling of the orderdt.21.08.2014. Counsel for the applicant submits that the judgment of theLarger Bench of this Court dt.26.03.2014 of which reference hasbeen made came to be challenged by the assessee by filing specialleave to appeal and the Apex Court reversed the judgment of theLarger Bench of this Court vide judgment dt.05.12.2016 reportedin Maharao Bhim Singh of Kota Vs. Commissioner of Income Tax;(2017) 390 ITR 532 (SC). Counsel submits that at least in the light of the judgment ofthe Apex Court (supra) the present petition may be disposed ofand rights of the parties may be decided accordingly. After taking note of the submissions made by the parties, weare of the view that after the issue has been decided by the ApexCourt indisputably the rights of the parties are to be decided interms thereof. Accordingly, we consider it appropriate to recall the order dt.21.08.2014 and dispose of the review petition. Consequently, D.B. Income Tex Reference No. 2/1993 standsdisposed of in terms of the order of the Apex Court in the case ofMaharao Bhim Singh of Kota Vs. Commissioner of Income Taxdecided on 05.12.2016 reported in (2017) 390 ITR 532 (SC).Copy of the order may separately be placed in DB Income TaxReference No.2/1993. (J.K.RANKA),J. (AJAY RASTOGI),J. S.KumawatJr. P.A.