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Commissioner of Income-tax Vs. Ajay Vijay Traders - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Supreme Court of India

Decided On

Judge

Reported in

(2001)167CTR(SC)188; [2001]248ITR100(SC)

Acts

Income-tax Act, 1961 - Sections 161(1A) and 260A

Appellant

Commissioner of Income-tax

Respondent

Ajay Vijay Traders

Appellant Advocate

D.N. Ray and; Sushma Suri, Advs

Respondent Advocate

Pallav Shishodia, ; Divyang K. Chhaya and ; Abhijat P. Medh

Excerpt:


- order1. special leave granted.2. after hearing counsel for the parties, we are of the opinion that the high court should have admitted the appeals under section 260a of the income-tax act, 1961, and decided the cases on merit. we, accordingly, allow the appeals, set aside the judgments of the high court and restore the appeals filed by the appellant on the board of the high court. we make it clear that we are not expressing any opinion on the merits of these cases.

Judgment:


ORDER

1. Special leave granted.

2. After hearing counsel for the parties, we are of the opinion that the High Court should have admitted the appeals under Section 260A of the Income-tax Act, 1961, and decided the cases on merit. We, accordingly, allow the appeals, set aside the judgments of the High Court and restore the appeals filed by the appellant on the board of the High Court. We make it clear that we are not expressing any opinion on the merits of these cases.


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