Kerala Liquor Corporation Vs. Commissioner of Income-tax - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/666930 |
| Subject | Direct Taxation |
| Court | Supreme Court of India |
| Decided On | Jul-12-2001 |
| Judge | S.P. Bharucha and; Y.K. Sabharwal, JJ. |
| Reported in | (2001)170CTR(SC)183; [2001]251ITR11(SC) |
| Acts | Income-tax Act, 1961 - Sections 256(1), 271 and 271(1) |
| Appellant | Kerala Liquor Corporation |
| Respondent | Commissioner of Income-tax |
| Appellant Advocate | T.L.V. Iyer, Senior Adv.,; Subramonium Prasad and; S.N. Jha |
| Respondent Advocate | Harish N. Salve, Solicitor General for ; India, ; Rajiv Tyagi |
Excerpt:
- section 5: [dr. mukundakam sharma & b.s. chauhan, jj] custodian - notified person - father of the appellant was the chairman and managing director of company - appellant became the director of the aforesaid company immediately after the demise of his father - order was placed for purchase of a mahindra jeep by making payment by a cheque dated 22.7.1991 for rs. 2,83,192/- - original delivery receipt and letter addressed to the appellant, the vehicle was delivered to the appellant on 15.4.1992 - company declared notified person and r-1 (custodian) appointed under the act - custodian moved application for payment of amount with interest in respect of such vehicle - application was allowed - appellant was the owner of the vehicle in question and that it was purchased on hire purchase and..........is, fairly, not disputed that the approach of the high court is not correct and that the high court ought to have answered the questions that were referred to it, having regard to the facts found by the tribunal and on the basis thereof. accordingly, it is necessary to restore the references to the file of the high court to be heard and disposed of afresh, having due regard to the jurisdiction of the high court in such matters.5. the appeals are allowed. the order under appeal is set aside. the references (i. t. r. nos. 280, 281 and 282 of 1997 (see : [2001]248itr740(ker) are restored to the file of the high court of kerala to be heard and disposed of afresh.6. no order as to costs.
Judgment:ORDER
1. Delay in filing the respondent's appearance is condoned.
2. Leave granted.
3. These appeals arise on references to the High Court of Kerala (see : [2001]248ITR740(Ker) of questions of law under section 256(1) of the Income-tax Act, 1961. The High Court has come to the conclusion that it is not necessary for it to answer the questions but that the matter requires fresh consideration at the hands of the Tribunal, in view of what is stated, principally, in paragraph seven of its judgment.
4. It is, fairly, not disputed that the approach of the High Court is not correct and that the High Court ought to have answered the questions that were referred to it, having regard to the facts found by the Tribunal and on the basis thereof. Accordingly, it is necessary to restore the references to the file of the High Court to be heard and disposed of afresh, having due regard to the jurisdiction of the High Court in such matters.
5. The appeals are allowed. The order under appeal is set aside. The references (I. T. R. Nos. 280, 281 and 282 of 1997 (see : [2001]248ITR740(Ker) are restored to the file of the High Court of Kerala to be heard and disposed of afresh.
6. No order as to costs.