The Supreme Court imposed a fine of Rs. 10 Lakhs on the Income Tax Department for its casual approach.

Income Tax Department for its casual approach

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Supreme Court in case of CIT, Ghaziabad Vs. Hapur Pilkhuwa Development Authority (Supreme Court) noted that, there is an inadequate explanation of delay of 596 days in filing the petition and a misleading statement about pendency of a similar civil appeal. Under the circumstances, Supreme Court dismiss the petition with costs of Rs.10 lakhs to be paid to the Supreme Court Legal Services Committee within four weeks from today. The amount to be utilized for juvenile justice issues.

 

S U P R E M E   C O U R T   O F    I N D I A

RECORD OF PROCEEDINGS

Special Leave Petition (Civil) Diary No(s). 26127/2018

(Arising out of impugned final judgment and order dated 29-08-2016 in ITA No. 657/2007 passed by the High Court of Judicature at Allahabad)

CIT, Ghaziabad vs. Hapur Pilkhuwa Development Authority (Supreme Court); Special Leave Petition (Civil) Diary No(s). 26127/2018; 27-08-2018

Date: 27-08-2018 This petition was called on for hearing today.

CORAM:

Hon’ble Mr. Justice Madan B. Lokur

Hon’ble Mr. Justice S. Abdul Nazeer

Hon’ble Mr. Justice Deepak Gupta

For Petitioner(s) Mr. H. Raghavendra Rao,Adv

Mr.  Debashish  Bharukha,

For Respondent(s) Mrs. Anil Katiyar, AOR

Upon hearing the counsel the Court made the following

 

O R D E R

 

This petition for special to leave has been filed by the Commissioner of Income Tax, Ghaziabad.

First  of  all  this  petition  has  been  filed  after  a  delay  of  596 days.  There is an  inadequate  and  unconvincing  explanation  given for the delay in filing the petition.

Secondly, it is mentioned in the proforma for first listing that a similar matter being C.A. No. 7096/2012 is pending in this Court.  However, the office has given a report stating that C.A.No.7096/2012 was decided by this Court as far back as on27.09.2012. In other words, the petitioners have given a totally misleading statement before this Court.

We are shocked that the Union of India through the Commissioner of Income Tax has taken the matter so casually.

As we have noted, there is an inadequate explanation of delay of 596 days in filing the petition and a misleading statement about pendency of a similar civil appeal. Under the circumstances, we dismiss the petition with costs of Rs.10 lakhs to be paid to the Supreme Court Legal Services Committee within four weeks from today. The amount be utilized for juvenile justice issues.

List the matter for compliance after four weeks.

 

 

(MEENAKSHI KOHLI)                                                   (KAILASH CHANDER)

 

COURT MASTER                                                               COURT MASTER


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