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| DATE: | July 6, 2014 (Date of publication) |
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| Click here to download the judgement (vector_shipping_SLP_dismissal.pdf) |
Dept’s SLP against High Court’s verdict that s. 40(a)(ia) disallowance applies only to amounts “payable” as of 31st March and not to amounts already “paid” during the year dismissed
In CIT vs. Vector Shipping Services (P) Ltd 357 ITR 642, the Allahabad High Court held that disallowance u/s 40(a)(ia) applies only to amounts “payable” as of 31st March and not to amounts already “paid” during the year. The majority judgement in Merilyn Shipping 136 ITD 23 (SB) was approved. The department filed a Special Leave Petition (SLP) in the Supreme Court. The said SLP has been dismissed by the Supreme Court in limine.
Unfortunately, though the Dept has issued a detailed Circular No. 10/DV/2013 dated 15.12.2013 on the point, it appears to have omitted to draw the Supreme Court’s attention to the Circular and the judgements in Crescent Export Syndicate 216 TM 258 (Cal)/ Md. Jakir Hossain Mondal 33 TM.com 123 (Cal) and Sikandarkhan Tunvar 357 ITR 312 (Guj) which have taken a view contrary to that of the Allahabad High Court. As to the legal effect of an in limine dismissal of a SLP see Special Leave Petitions: The complete law & The Law of Judicial Precedents & Contempt of Court
it is time hon SC fine the government for frivalous louzy SLPs, by revenue, then court can have time to look properly at other very important matters of citizens. government need realize its duty to the citizens of the country first then government meaningful issues, had i been on benches i would not have hesitated pulling up so called great public servants in government.
it is time hon SC fine the government for frivalous louzy SLPs, by revenue, then court can have time to look properly at other very important matters of citizens. government need realize its duty to the citizens of the country first then government meaningful issues, had i been on benches i would not have hesitated pulling up so called great public servants in government.