Deputy Commsissioner of Income Tax Vs Satya Power and Ispat Ltd.

Heard Mr. Ajay Kumrani, learned counsel for the appellant and Mr. Manoj Paranjpe, Senior Advocate along with Mr. Siddharth Dubey, Advocate, counsel for the respondent.

¶26

Learned counsel for the appellants submit that the present petitions are filled against the impugned order dated 29.09.2021 passed by the Income Tax Appellate Tribunal, Raipur. He further submits that the present petitions have been filed by the Department under Section 260A of the Income Tax Act, 1961. He further submits that earlier similar petitions were filled by the Department which have been dismissed by the Co-ordinate Bench of this Court by order dated 25.11.2019, against which Special Leave Petition (Civil) Diary No. 24970/2020 was also preferred before the Apex court which was dismissed by order dated 02.08.2021 and the order dated 25.11.2019 passed by the coordinate Bench of this Court was upheld.

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It would be apt to quote relevant paras of the order dated 25.11.2019 passed by the coordinate Bench of this Court in Taxc

¶28

3

¶29

TAXC No. 13 & 16 of 2022

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No.44 of 2019 and other connected matters. Accordingly, paras 5 & 6 of the said order read thus :-

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“5…… After hearing the learned Standing Counsel for the Appellants, we are of the view that as per the decision taken by the Board and the instructions given thereby, which forms the crux of the Circular No. 23 of 2019 dated 06.09.2019; that in order to pursue an appeal notwithstanding pecuniary limit mentioned in the earlier Circulars, it has to be an as exception, where the Board by way of 'Special Order' directs to file appeal on merit, in cases involving organized Tax Evasion Activity.

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Insofar as no such 'Special Order' passed by the Board has been produced before this Court, we find it difficult to entertain these appeals; in view of the contents of the relevant Circulars issued as above. Accordingly, the appeals are dismissed, however, without prejudice to rights and liberties of the Appellants to approach this Court afresh in appropriate cases wherever 'Special Orders' have been issued by the Board, as an exception to the Circular Nos. 17 of 2019 and 23 of 2019, where organized Tax Evasion Activity is noted.”

¶33

4

¶34

TAXC No. 13 & 16 of 2022

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While dismissing the SLP, the Apex Court passed the order, for ready reference the relevant part of the order is quoted below:-

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“Since the tax effect involved in this matter is Rs.66, 89, 957/-, in terms of Circular dated 08.08.2019 issued by the Department of Revenue, Central Board of Direct Taxes, Ministry of finance, Government of India, we see no reason to interfere in this matter. The Special Leave Petition is dismissed, leaving all the questions of law open.”

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In view of the aforesaid submission, the present petition is also dismissed in terms of the order dated 25.11.2019 passed in TAXC No. 44 of 2019 and other connected cases and the order dated 02.08.2021 passed by the Apex Court in Special Leave Petition (Civil) Diary No. 24970/2020.

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SD/SD/(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

¶39

Jyoti

Deputy Commsissioner of Income Tax v. Satya Power and Ispat Ltd.

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Deputy Commsissioner of Income Tax v. Satya Power and Ispat Ltd.

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