|CORAM:||Deepak Gupta J, Madan B. Lokur J, S. Abdul Nazeer J|
|CATCH WORDS:||Condonation of delay, strictures|
|DATE:||August 27, 2018 (Date of pronouncement)|
|DATE:||September 1, 2018 (Date of publication)|
|FILE:||Click here to download the file in pdf format|
|We are shocked that the UOI through the CIT has taken the matter so casually. The petitioners have given a totally misleading statement before this Court. Petition dismissed with costs of Rs.10 lacs to be paid (by the exchequer)|
ITEM NO.20 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 26127/2018
(Arising out of impugned final judgment and order dated 29-08-2016
in ITA No. 657/2007 passed by the High Court Of Judicature At
COMMISSIONER OF INCOME TAX GHAZIABAD Petitioner(s)
HAPUR PILKHUWA DEVELOPMENT AUTHORITY Respondent(s)
(FOR I.R. and IA No.115842/2018-CONDONATION OF DELAY IN FILING )
Date : 27-08-2018 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE S. ABDUL NAZEER
HON’BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. H. Raghavendra Rao, Adv.
Mr. Debashish Bharukha, Adv.
Mrs. Anil Katiyar, AOR
UPON hearing the counsel the Court made the following
O R D E R
This petition for special to leave has been filed by the Commissioner of Income Tax, Ghaziabad.
First of all this petition has been filed after a delay of 596 days. There is an inadequate and unconvincing explanation given for the delay in filing the petition.
Secondly, it is mentioned in the proforma for first listing that a similar matter being C.A. No. 7096/2012 is pending in this Court. However, the office has given a report stating that C.A. No. 7096/2012 was decided by this Court as far back as on 27.09.2012. In other words, the petitioners have given a totally misleading statement before this Court.
We are shocked that the Union of India through the Commissioner of Income Tax has taken the matter so casually.
As we have noted, there is an inadequate explanation of delay of 596 days in filing the petition and a misleading statement about pendency of a similar civil appeal.
Under the circumstances, we dismiss the petition with costs of Rs.10 lacs to be paid to the Supreme Court Legal Services Committee within four weeks from today. The amount be utilized for juvenile justice issues.
List the matter for compliance after four weeks.
(MEENAKSHI KOHLI) (KAILASH CHANDER)
COURT MASTER COURT MASTER
Sporadic (Reaction based on pure common sense !)
“Petition dismissed with costs of Rs.10 lacs to be paid (BY THE EXCHEQUER)” (FONT to focus)
Why so by the Exchequer (?) ; which means it is to be borne out of taxpayers’ monies? Should not the levy and collection be from the ‘public servant (s)’, found guilty , personally, or be recovered from the so-found-guilty,so as to really serve the intended objective of meting out the deterrent punishment for the dereliction in performance of the individual(s)’duties of office ?
Well Done. Its because of Inefficient, corrupt and …..you understand assessing officers.