COMMISSIONER OF INCOME TAX.,NEW DELHI V. M/S SUN PHARMACEUTICALS INDUSTRIES LIMITED.

2012-2012

AI Insights

The case involves multiple civil appeals by the Commissioner of Income Tax against M/s Sun Pharmaceuticals Industries Limited concerning reassessment orders under Section 147 of the Income Tax Act, 1961. The primary legal questions pertained to the validity of reassessment orders when no additions were made by the Assessing Officer based on the grounds mentioned in the notice, and the validity of additions made in the reassessment orders. The appeals were disposed of due to the low tax effect, and the court did not engage with the substantive legal issues.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 575274 (SC)
• Appeal Type: Supreme court cases
• Pronouncement Date: 01-09-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: SUPREME COURT
• Department Lawyers: H R RAO
• Assessee Lawyers: BALBIR SINGH
• Keywords: Additions in reassessment; Notice under Section 147; Reasons to believe; Reassessment order; Tax effect; Tax effect; Validity
• Section: 147

Judgement Text

"Civil Appeal No(s). 9105/2017 etc. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 9105 OF 2017 COMMISSIONER OF INCOME TAX.,NEW DELHI ETC. APPELLANT(S) VERSUS M/S SUN PHARMACEUTICALS INDUSTRIES LIMITED. ETC. RESPONDENT(S) WITH C.A. No. 9887/2018 C.A. No. 8755/2017 C.A. No. 9107/2017 C.A. No. 9109/2017 C.A. No. 9110/2017 C.A. No. 9112/2017 C.A. No. 9113/2017 O R D E R CIVIL APPEAL NOS. 9105 OF 2017 AND 9112/2017 In view of the low tax effect, as admitted at the Bar, the appeals are disposed of as not pressed by the Revenue, leaving the question of law open. The appeals are disposed of. Pending application(s), if any, shall stand disposed of. 1 Digitally signed by SONIA BHASIN Date: 2022.09.07 18:41:02 IST Reason: Signature Not Verified Civil Appeal No(s). 9105/2017 etc. CIVIL APPEAL NOS. 9887/2018, 8755/2017, 9107/2017, 9109/2017, 9110/2017, 9112/2017 AND 9113/2017 At the request made by the learned counsel for the parties, re-list after two weeks. Two issues arise for consideration: first, whether a reassessment order would be valid, in case no addition is made by the Assessing Officer, on account of the grounds mentioned in the reasons to believe for issue of notice under Section 147 of the Income Tax Act, 1961? Secondly, whether the additions made in the reassessment order are valid and justified? In view of the aforesaid, parties would file a chart in each case reproducing the reasons to believe and the ground on which the Assessing Officer had made the addition in the reassessment order. The result of the appellate proceedings would be indicated in the said chart. ……………………………………………. .J. [SANJIV KHANNA] ……………………………………………. .J. [J.K. MAHESHWARI] NEW DELHI; SEPTEMBER 01 , 2022. sb 2 Civil Appeal No(s). 9105/2017 etc. ITEM NO.103 COURT NO.12 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 9105/2017 COMMISSIONER OF INCOME TAX.,NEW DELHI Appellant(s) VERSUS M/S SUN PHARMACEUTICALS INDUSTRIES LIMITED. Respondent(s) WITH C.A. No. 9887/2018 (III) C.A. No. 8755/2017 (III) C.A. No. 9107/2017 (XIV-A) C.A. No. 9109/2017 (III) C.A. No. 9110/2017 (XII-A) C.A. No. 9112/2017 (XIV-A) C.A. No. 9113/2017 (XIV-A) Date : 01-09-2022 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Parties Mr. Balbir Singh, ASG Mr. H.R. Rao, Adv. Ms. Niranjana Singh, Adv. Mr. Anirudh Sharma, Adv. Ms. Monica Benjamin, Adv. Mr. Raj Bahadur Yadav, AOR Mrs. Anil Katiyar, AOR Mr. Salil Kapoor, Adv. Mr. Sunil Lalchandani, Adv. Ms. Ananya Kapoor, Adv. 3 Civil Appeal No(s). 9105/2017 etc. Vibhu Jain, Adv. Ms. Kavita Jha, AOR Mr. Udit Naresh, Adv. Mr. Vaibhav Kulkarni, Adv. Mayank Nagi, Adv Ms. Mahua Kalra, AOR Mr. Kamal Mohan Gupta, AOR Mr. Praveen Swarup, AOR Mr. Nishant Thakker, Adv. Ms. Jasmin Amalsadvala, Adv. Mr. Parth, Adv. Mr. Ranjan Nikhil Dharnidhar, Adv. Mr. Kishore Kunal, AOR Mr. Ved Jain, Adv. Mr. Jay Kishor Singh, AOR UPON hearing the counsel the Court made the following O R D E R CIVIL APPEAL NOS. 9105 OF 2017 AND 9112/2017 The appeals are disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NOS. 9887/2018, 8755/2017, 9107/2017, 9109/2017, 9110/2017 AND 9113/2017 At the request made by the learned counsel for the parties, re-list after two weeks. Two issues arise for consideration: first, whether a reassessment order would be valid, in case no addition is made by the Assessing Officer, on account of the grounds mentioned in the reasons to believe for issue of notice under Section 147 of the Income Tax Act, 1961? Secondly, whether the additions 4 Civil Appeal No(s). 9105/2017 etc. made in the reassessment order are valid and justified? In view of the aforesaid, parties would file a chart in each case reproducing the reasons to believe and the ground on which the Assessing Officer had made the addition in the reassessment order. The result of the appellate proceedings would be indicated in the said chart. (SONIA BHASIN) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on the file] 5 "