C.I.T. & Anr. v. M/s. Century Park

April 1, 2015

(2015) 14 SCC 704

Income Tax — Income Tax Act, 1961 — Generally — Grouping of appeals — Circular dt. 9-2-2011 — Ipso facto application of, to cases where common principle is involved in subsequent group of matters — In such cases held, if attention of the High Court is drawn, High Court will not apply the Circular ipso facto — Hence, liberty is granted to the Department to move High Court (Para 2)

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(Chief Justice and Arun Mishra, J.)

C.I.T. & Anr. ___________ Petitioner(s)

M/s. Century Park _______ Respondent

Petition(s) for Special Leave to Appeal (C)……CC No(s). 5289/2013, decided on April 1, 2015

(Arising out of impugned final judgment and order dated 19/03/2012 in ITA No. 1006/2006 passed by the High Court of Karnataka at Bangalore)

The Order of the court was delivered by

Order

Delay condoned.

Liberty is given to the Department to move the High Court pointing out that the Circular dated 9^th February, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income Tax Act, 1961, in which a common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases if attention of the High Court is drawn, the High Court will not apply the Circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in six weeks’ time from today.

The Special Leave Petition is, accordingly, disposed of.

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