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TMI Blog2016 (7) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Appeals. The power available under Order XLI rule 21 is hedged by certain pre-conditions and unless the pre-conditions are satisfied the power thereunder cannot be exercised. We set aside the order of the High Court [2014 (2) TMI 1036 - ALLAHABAD HIGH COURT ] allow the appeals filed by the Revenue leaving the assessee(s) with the liberty to challenge the final order dated 27th August, 2013 in accordance with law, if he is so advised and so inclined. - SPECIAL LEAVE TO APPEAL (C) NO. 23054 OF 2014 - - - Dated:- 4-7-2016 - RANJAN GOGOI AND PRAFULLA C. PANT, JJ. For The Petitioner : Maninder Singh, ASG, S.A. Haseeb, Manish Pushkarna, Vikas Malhotra and Anil Katiyar, Advs. Kapil Sibal, Sr. Adv., Aarohi Bhalla, Satyen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned on 02.01.2000, an advertisement was published in the Times of India by Sahara India Parivar, in which, it was stated that all the Directors have taken an oath neither they nor their family members can ever share the profit or assets of the company. But the assessment will have to be completed as per the provisions contained in the Income Tax Act and not on the basis of any statement or advertisement published here and there. Learned counsel further submits that the assessee took the loan from M/s Sahara India Mutual Benefits Co. Ltd. (SIMBCL) and claimed payment of interest to the said company. Such interest had been declared by the said company in its income. A person will not take investment in share just to throw away his mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd argued other cases of the assessee on 8th August, 2013. 7. We have considered the aforesaid submissions. The question is one of availability of jurisdiction under Order XLI rule 21 of the CPC, namely, that the order passed in the appeal is an ex parte order. Not only the said order dated 27th August, 2013 is not an ex parte order as contemplted by the provisions of the Code of Civil Procedure, 1908, the final order dated 27th August, 2013 passed by the High Court clearly contains findings (extracted above) which is to the contrary. In these circumstances, we are of the view that the High Court did not have the jurisdiction under Order XLI rule 21 CPC to recall the final order dated 27th August, 2013 passed in the Income Tax Appeals. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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