2024 (12) TMI 206 - SCH - Income Tax

Entitlement to benefit u/s 10(20) - HELD THAT - Issues which arise in these appeals are also identical with the controversy that was raised in the matters arising out of SLP(C) 2022 (10) TMI 499 - SC ORDER these appeals could be accordingly disposed of. Although these appeals are being remanded to the High court for a fresh consideration the fact remains that the respondent-assessee has never claimed the benefit u/s 10(20) of the Income Tax Act 1961and therefore the High Court was not justified in dismissing the appeals by considering the matter u/s 10(20) of the said act. Since the aforesaid matters have been remanded to the High Court in the interest of consistency we remand these matters also to the High Court for consideration afresh in accordance with law and on their own merits. The appeals shall be considered afresh as expeditiously as possible.

Summary

Issues: Delay condonation, Leave granted, Dismissal of appeals based on incorrect section, Remand to High Court, Benefit claim under Section 10(20) of Income Tax Act.

Delay Condonation and Leave Granted:
The Supreme Court granted leave in the case after condoning the delay. The Court heard arguments from both parties, where the appellant's counsel highlighted an order remanding matters to the High Court. The issues in the appeals were found to be similar to those in other cases, leading to a decision to dispose of the appeals accordingly.

Dismissal of Appeals Based on Incorrect Section:
The High Court had dismissed the appeals by granting the benefit under Section 10(20) of the Income Tax Act to the respondent, even though the respondent had never claimed this benefit. The respondent contended that the correct sections for consideration were 11 and 12 of the IT Act. The Supreme Court found the High Court's decision unjustified and unsustainable, leading to the quashing of the judgment and orders.

Remand to High Court:
Due to the incorrect consideration of Section 10(20) by the High Court, the Supreme Court remanded the matters back to the High Court for a fresh consideration in accordance with the law and on their own merits. The High Court was directed to complete this reconsideration within six months from the date of receipt of the Supreme Court's order.

Benefit Claim under Section 10(20) of Income Tax Act:
The respondent-assessee had never claimed the benefit under Section 10(20) of the Income Tax Act. Despite this, the High Court had dismissed the appeals based on this section. The Supreme Court, acknowledging this error, set aside the impugned orders and allowed and disposed of the appeals without costs, emphasizing the need for expeditious reconsideration by the High Court.