2017 (12) TMI 1320 - SC - Income Tax

Exemption u/s 10B - Held that - Application for change in the cause title is allowed. Having gone through the impugned judgment of the High Court 2011 (10) TMI 423 , we find no infirmity in the same. Mr. K. Radhakrishnan, learned Senior Counsel, appearing for the petitioner(s), has appealed to us that para 10 of the impugned judgment is extremely unfair to the Department and the imposition of costs of ₹ 1 lakh was wholly uncalled for. - Para 10 expunged. De-tag and list after two weeks.

Summary

Issues:
1. Change in cause title application
2. Infirmity in the High Court judgment
3. Imposition of costs
4. De-tagging and listing

Analysis:
1. The Supreme Court allowed the application for a change in the cause title. The Court noted that after examining the impugned judgment of the High Court, no infirmity was found. Consequently, the Special Leave Petitions were dismissed.

2. The petitioner's Senior Counsel contended that paragraph 10 of the High Court's judgment was unfair to the Department, and the imposition of costs amounting to ?1 lakh was unjustified. The Court agreed with this submission and decided to expunge paragraph 10 from the judgment.

3. In response to specific petitions (SLP(C) No. 23304/2015 and SLP(C) Nos. 2570-2571/2016), the Court ordered the de-tagging and listing of these cases after a period of two weeks. This decision indicates a procedural step taken by the Court to manage the cases effectively.

In conclusion, the Supreme Court's judgment addressed various issues, including the change in cause title application, the fairness of the High Court's judgment, the imposition of costs, and the de-tagging and listing of certain cases. The decision to dismiss the Special Leave Petitions, expunge a particular paragraph from the judgment, and schedule the de-tagging of cases demonstrates the Court's meticulous consideration of the matters at hand.