DEPUTY COMMISSIONER OF INCOME TAX V. BKS GALAXY REALTORS PRIVATE LIMITED

SLP(C) No.-025707-025707 - 2024

AI Insights

This case involves multiple Special Leave Petitions filed by the Deputy Commissioner of Income Tax against BKS Galaxy Realtors Private Limited, arising from a judgment by the High Court of Judicature at Bombay. The petitions were consolidated and addressed together due to their similar legal questions concerning the assessment procedures under the Income Tax Act. The Supreme Court's decision referenced the precedent set in Union of India v Rajeev Bansal, which provided the legal framework for resolving the disputes presented in these petitions. The court's ruling emphasized adherence to established legal procedures in tax assessments and allowed for the aggrieved parties to seek further legal recourse where applicable.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 524098 (SC)
• Appeal Type: Supreme court cases
• Pronouncement Date: 25-10-2024
• Other Referred Cases: Union of India v Rajeev Bansal
• Laws Referred To: Union of India v Rajeev Bansal
• Result in Favour of: Partly Allowed
• Court: SUPREME COURT
• Department Lawyers: RUPESH KUMA R
• Assessee Lawyers: RAGHAVENDRA SHANKAR; S DWARAKANATH
• Keywords: Assessment; Condonation of delay; Exemption from Filing Certified Copy; Income Tax; Objections; Special Leave Petition

Judgement Text

"ITEM NO.4+6+11+12+14+21+24+25+27+34+35+37 COURT NO.1 SECTION IX 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).33040/2024 (Arising out of impugned final judgment and order dated 04-10-2023 in WPL No. 12314/2022 passed by the High Court of Judicature at Bombay) DEPUTY COMMISSIONER OF INCOME TAX & ORS. Petitioner(s) VERSUS BKS GALAXY REALTORS PRIVATE LIMITED Respondent(s) (FOR ADMISSION and I.R. and IA No.240262/2024-CONDONATION OF DELAY IN FILING and IA No.240264/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.240267/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) WITH Diary No(s). 40911/2024 (WITH IA No.225772/2024-CONDONATION OF DELAY IN FILING and IA No.225774/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 40998/2024 (IX) (WITH IA No.238595/2024-CONDONATION OF DELAY IN FILING and IA No.238594/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 40992/2024 (IX) (WITH IA No.238597/2024-CONDONATION OF DELAY IN FILING and IA No.238596/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44738/2024 (IX) (WITH IA No.239357/2024-CONDONATION OF DELAY IN FILING and IA No.239360/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44473/2024 (WITH IA No.238034/2024-CONDONATION OF DELAY IN FILING and IA No.238036/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 39231/2024 (III) (WITH IA No.238371/2024-CONDONATION OF DELAY IN FILING and IA No.238368/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.238373/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 40456/2024 (III) (FOR ADMISSION and I.R. and IA No.235943/2024-CONDONATION OF DELAY 1 Digitally signed by SANJAY KUMAR Date: 2024.10.25 15:33:00 IST Reason: Signature Not Verified IN FILING and IA No.235944/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 38199/2024 (III) (FOR ADMISSION and I.R. and IA No.238679/2024-CONDONATION OF DELAY IN FILING and IA No.238683/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.238682/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 40908/2024 (III) (WITH IA No.239073/2024-CONDONATION OF DELAY IN FILING and IA No.239074/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44734/2024 (III) (WITH IA No.241402/2024-CONDONATION OF DELAY IN FILING and IA No.241403/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 20000/2024 (III) (WITH IA No.241262/2024-CONDONATION OF DELAY IN FILING and IA No.241261/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.241263/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 42699/2024 (III) (WITH IA No.238653/2024-CONDONATION OF DELAY IN FILING and IA No.238654/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44766/2024 (FOR ADMISSION and I.R. and IA No.240042/2024-CONDONATION OF DELAY IN FILING and IA No.240041/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 40906/2024 (IX) (WITH IA No.237247/2024-CONDONATION OF DELAY IN FILING) Diary No(s). 44491/2024 (IX) (WITH IA No.236463/2024-CONDONATION OF DELAY IN FILING and IA No.236465/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 41967/2024 (IX) (FOR ADMISSION and I.R. and IA No.239362/2024-CONDONATION OF DELAY IN FILING and IA No.239361/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 45366/2024 (WITH IA No.241177/2024-CONDONATION OF DELAY IN FILING and IA No.241178/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 33415/2024 (FOR ADMISSION and I.R. and IA No.240893/2024-CONDONATION OF DELAY IN FILING and IA No.240899/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.240895/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) 2 Diary No(s). 44740/2024 (FOR ADMISSION and I.R. and IA No.244791/2024-CONDONATION OF DELAY IN FILING and IA No.244792/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44759/2024 (WITH IA No.241275/2024-CONDONATION OF DELAY IN FILING and IA No.241276/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 45359/2024 (III) (WITH IA No.240919/2024-CONDONATION OF DELAY IN FILING and IA No.240920/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44202/2024 (III) (WITH IA No.242479/2024-CONDONATION OF DELAY IN FILING and IA No.242480/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44743/2024 (III) (WITH IA No.244684/2024-CONDONATION OF DELAY IN FILING and IA No.244685/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 46732/2024 (III) (WITH IA No.242503/2024-CONDONATION OF DELAY IN FILING and IA No.242502/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 46198/2024 (WITH IA No.242380/2024-CONDONATION OF DELAY IN FILING and IA No.242382/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Diary No(s). 43377/2024 (IX) (WITH IA No.242692/2024-CONDONATION OF DELAY IN FILING and IA No.242688/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 44190/2024 (WITH IA No.241869/2024-CONDONATION OF DELAY IN FILING and IA No.241868/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Diary No(s). 44736/2024 (FOR ADMISSION and I.R. and IA No.242365/2024-CONDONATION OF DELAY IN FILING and IA No.242364/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Diary No(s). 46192/2024 (WITH IA No.242417/2024-CONDONATION OF DELAY IN FILING and IA No.242418/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 25-10-2024 These petitions were called on for hearing today. 3 CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Raghavendra P Shankar, A.S.G. Mr. Raj Bahadur Yadav, AOR Mr. Karna Lahiri, Adv. Mr. Navanjay Mahapatra, Adv. Mr. A Deb Kumar, Adv. Mr. Gaurang Bhushan, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Raghvendra Shukla, Adv. Mr. Chandra Kant Sharma, Adv. Mr. Anamika Aggarwal, Adv. Mrs. Archana Surve Shinde, Adv. Mr. S Dwarakanath, A.S.G. Mr. Rupesh Kumar, Sr. Adv. Mr. Raj Bahadur Yadav, AOR Mr. Chinmayee Chandra, Adv. Mr. Chitvan Singhal, Adv. Mr. Anuradha Mishra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned. 2 The Special Leave Petitions are disposed of in terms of the judgment of this Court in Union of India v Rajeev Bansal1. 3 The assessing officers will dispose of the objections in terms of the law laid down by this Court in Rajeev Bansal (supra). Thereafter, the assessees who are aggrieved will be at liberty to pursue all the rights and remedies in accordance with law, save and except for the issues which have been concluded by the judgment of this Court in Rajeev Bansal (supra). 4 Pending applications, if any, stand disposed of. 1 Civil Appeal No 8629 of 2024 decided on 3 October 2024 4 (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) ADDITIONAL REGISTRAR ASSISTANT REGISTRAR 5 "