The Commissioner Of Income Tax, Alwar v. Saurabh Agrotech (P) Ltd

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Review No. 67/2016 The Commissioner Of Income Tax, Alwar ----Petitioner Versus Saurabh Agrotech (P) Ltd., C/o. M/s. K.l. Datta Co. CharteredAccounts, Clock Tower, Alwar ----Respondent Connected WithD.B. Civil Review No. 66/2016 The Commissioner Of Income Tax, Alwar ----Petitioner Versus Saurabh Agrotech (P) Ltd., C/o. M/s. K.l. Datta Co. CharteredAccounts, Clock Tower Alwar ----Respondent For Petitioner(s) : Ms. Parinitoo JainFor Respondent(s): HON'BLE MR. JUSTICE K.S.JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Judgment 03/04/2018 1.Delay in filing the review petitions is condoned. Theapplications under Section 5 of Limitation Act are allowed. 2.Counsel for the petitioner has produced copy of the order ofSupreme Court passed in Assistant Commr. OfI. T., TiruperVersus M/S Velayudhaswamy Spinning Mills P. LTD InSpecial Leave to Appeal(C) No. 33475/2012 whereby SLPagainst the judgment of Madras High Court in TCA No. 909/2009has been dismissed. 3.However, subsequently in view of the order of SupremeCourt in M/s Microlabs Ltd Vs. Asst. Commissioner ofIncome Tax Circle 12(1) Bangalore,on 21[st] October, 2016 wherein it has been observed as under:- “Special leave petition (C) No.33475of 2012 titled “Assistant Commissioner ofIncomeTax,Tirupurvs.M/s.Velayudhaswamy Spinning Mills P.Ltd.” andconnected cases filed against the judgmentof the Madras High Court has beendismissed by this Court on 05.09.2016. The present case which pertains to acontrary view expressed by the KarnatakaHigh Court will, nevertheless, require adetailed examination as the order of theCourt dismissing the special leave petitiondoes not contain any reasons therefor. Hence, we grant leave.” 4.The parties will be governed by the decision in the aforesaid case. 5.The Review Petitions stand disposed of. (VIJAY KUMAR VYAS),J (K.S.JHAVERI),J B.M.G/Gourav/72-73