Orders passed by High Court u/s 260A can be reviewed: Supreme Court

By | September 19, 2016


Commissioner of Income-tax, Panaji


Automobile Corpn. of Goa Ltd.


SPECIAL LEAVE TO APPEAL (C) NOS. 18119-18120 OF 2013 & 10603-10604 OF 2014

AUGUST  12, 2016

A.N.S. Nadkarni, ASG, Ms. Rekha Pandey, S.A. Haseeb and Mrs. Anil Katiyar, Advs. for the Petitioner. Rustom B. Hathikhanawala, Ninad Laud, Karan Mathur and Jayant Mohan, Advs. for the Respondent.


1. Leave granted.

2. The appeals are disposed of in terms of the signed order.


C.A. NOS. OF 2016 (@ SLP(C) NOS. 18119-18120/2013]

1. Leave granted.

2. The High Court by the order dated 25th August, 2010 has disposed of the appeal filed by the Revenue without entering into the merits on the ground that the tax demand which forms the subject matter of the appeal is less than Rs. 2,00,000/- (Rupees two lakh). Thereafter, the High Court by the order dated 28th March, 2012 has dismissed the Review Petition filed by the Revenue holding the same to be not maintainable against the order passed under the provisions of Section 260A of the Income Tax Act, 1961.

3. Before this Court, an affidavit has been filed by the Revenue explaining how the notional tax effect is far beyond the amount of Rs. 2,00,000/- (Rupees two lakh). Moreover, in CIT v. Meghalaya Steels Ltd. [2015]377 ITR 112 (SC), a view has been taken by this Court that the review would be available in respect of the orders passed under Section 260A of the Income Tax Act, 1961.

4. In view of the above, we allow the appeals and set aside both the orders dated 25th August, 2010 and 28th March, 2012 passed by the High Court in Tax Appeal No. 7 of 2004 and Civil Application (Review) No. 26 of 2010 respectively and request the High Court to decide the review petition and thereafter the appeal itself, if so required, on merits. We also make it clear that we have expressed no opinion on the merits of any of the contentions of the parties.

C.A. NOS. OF 2016 (@ SLP(C) NOS. 10603-10604/2014]

5. Leave granted.

6. In view of the order passed above in civil appeals arising out of Special Leave Petition (Civil) Nos. 18119-18120/2013, these appeals are also disposed of in the similar terms.

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