The Supreme Court comprising Justice B.V. Nagarathna and Justice Prasanna B. Varale has dismissed a Special Leave Petition (SLP) filed by the Income Tax Department, citing the earlier concession made by the Department in the case of Union of India vs. Rajeev Bansal.
During the hearing, the petitioner-Department submitted that the present SLP may be disposed of in terms of the Supreme Court’s order dated January 17, 2025, passed in Income Tax Officer Ward 1(2), Jaipur vs. R.K. Build Creations Pvt. Ltd.(SLP (C) Diary No. 59625 of 2024). In that matter, the Court had observed:
“Delay condoned.
Having regard to the concession made by the petitioner-Department in the case of Union of India vs. Rajeev Bansal, this Special Leave Petition would not survive for further consideration.
Hence, the Special Leave Petition is dismissed.
Pending application(s), if any, shall stand disposed of.”
Following the same reasoning, the Supreme Court dismissed the present SLP, noting that it does not survive for further consideration.
Significantly, the decision hinges on the concession recorded in Rajeev Bansal (supra), where the Additional Solicitor General made submissions, particularly in relation to the Assessment Year 2015-16. The Court, in paragraph 19(e) and (f) of the Rajeev Bansal judgment, had noted the Department’s stand, which effectively set a precedent for the disposal of similar cases.
Case Details
Case Title: ACIT Versus Nehal Ashit Shah
Case No.: SLP 57209/2024
Date: 04-04-2025
Counsel For Appellant: Raghavendra P Shankar
Counsel For Respondent: Sr. Adv. Percy Pardiwalla
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