D.b. Civil Miscellaneous Application v. Shri Prakash Chand Vijay Jaipur

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Civil Miscellaneous Application No. 36 / 2017Commissioner Of Income Tax Jaipur-Ii ----Petitioner Versus Shri Prakash Chand Vijay Jaipur ----Respondent _____________________________________________________ For Petitioner(s) : Mr. Aditya Bohra for Mr. Gunjan PathakFor Respondent(s) : Mr. K.D. Mathur for Mr. R.B. Mathur _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERIHON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 04/05/2017 For the reasons mentioned in the application, the same isallowed. InviewoftheorderpassedinDB ITA No. 580/2009 (CIT vs. Shri Abhay Godha) decided on 2[nd]November, 2016 which reads as under:- “3. Considering the law declared by the SupremeCourt in the case of Vijay Proteins Ltd. Vs.Commissioner of Income Tax, Special Leave toAppeal (C) No.8956/2015 decided on 06.04.2015whereby the Supreme Court has dismissed the SLPand confirmed the order dated 09.12.2014 passedby the Gujarat High Court and other decisions ofthe High Court of Gujarat in the case of SanjayOilcake Industries Vs. Commissioner of IncomeTax (2009) 316 ITR 274 (Guj) and N.K. IndustriesLtd. Vs. Dy. C.I.T., Tax Appeal No.240/2003decided on 20.06.2016, the parties are bound bythe principle of law pronounced in the aforesaidthree judgments. 4. We remit back the case to the Assessing Officer for deciding afresh on the factual matrix. Theauthority will accept the law but the transactionwhether it is genuine or not will be verified by theAssessing Officer on the basis of the aforesaidthree judgments. The issues are answeredaccordingly. The appeal is accordingly disposed of. In view of the above, the application is allowed and theappeal stands disposed off in above terms. (VIJAY KUMAR VYAS),J. A.Sharma/127 (K.S. JHAVERI),J.