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2019 (10) TMI 266 - SC - Income TaxMonetary limit - low tax effect - HELD THAT - As noticed by this Court that a letter has been sent from the Dy. Director of the Income Tax (SCC) on 10.12.2018 citing that the above cases do not fall within the ambit of Circular No.3/2018 of CBDT. Hence all the matters were listed again today i.e. 01.10.2019 for clarification and direction. Having regard to Letter dated 10.12.2018 we are of the view that the order dictated in the open Court on 25.09.2019 in the above matters shall not be given effect to. Though Mr. Arijit Prasad, learned senior counsel appearing for the Department and Mr. Ajay Vohra, learned senior counsel appearing for some of the assessees, have submitted that the above matters are squarely covered under the latest Circular dated 08.08.2019 in view of the tax effect, however, we deem it appropriate to list all the above matters for further hearing on merits.
Issues involved:
1. Interpretation of Circular No.17/2019 of CBDT 2. Validity of the order dictated in open court on 25.09.2019 3. Impact of the letter from the Dy. Director of Income Tax (SCC) on 10.12.2018 4. Consideration of tax effect under the Circular dated 08.08.2019 5. Listing of matters for further hearing on merits Analysis: 1. The Supreme Court dealt with the interpretation of Circular No.17/2019 of CBDT in the context of several matters. The Court noted that the matters were disposed of based on this circular on 25.09.2019 due to the tax effect. However, a subsequent letter from the Dy. Director of Income Tax (SCC) on 10.12.2018 stated that the cases did not fall within the scope of Circular No.3/2018 of CBDT. Consequently, the Court decided that the order dictated on 25.09.2019 should not be given effect to based on the letter dated 10.12.2018. 2. The Court addressed the validity of the order dictated in open court on 25.09.2019. Despite submissions from senior counsels that the matters were covered under the latest Circular dated 08.08.2019 concerning the tax effect, the Court deemed it appropriate to list all the matters for further hearing on merits. This decision indicates a reevaluation of the previous order based on the subsequent developments and legal considerations. 3. The impact of the letter from the Dy. Director of Income Tax (SCC) on 10.12.2018 played a crucial role in the Court's decision-making process. Upon considering the contents of the letter, the Court concluded that the matters required clarification and direction, leading to the listing of all the matters for a subsequent hearing on 23.10.2019 at 02:00 p.m. This demonstrates the significance of official communications and their influence on legal proceedings. 4. The Court also deliberated on the consideration of the tax effect under the Circular dated 08.08.2019. Despite initial reliance on this circular for disposing of the matters, the Court's decision to reexamine the cases for further hearing on merits indicates a nuanced approach to evaluating the applicability of tax-related regulations and their implications on individual cases. 5. Finally, the Court ordered the listing of all the matters for further hearing on merits on a specific date and time, emphasizing the importance of thoroughly examining the legal issues involved in each case. This decision underscores the Court's commitment to ensuring a comprehensive and fair assessment of the matters at hand, taking into account all relevant factors and legal considerations.
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