INCOME TAX OFFICER WARD 26 (1)(1) V. MANISH VIRCHAND LAKHANI

SLP(C) No.-026131-026131 - 2024

AI Insights

This case involves multiple Special Leave Petitions (SLPs) filed by the Income Tax Officer Ward 26 (1)(1) and others against Manish Virchand Lakhani, arising from a judgment by the High Court of Judicature at Bombay. The Supreme Court consolidated these petitions and referenced its earlier decision in Union of India vs Rajeev Bansal to resolve the disputes. The core issue revolves around the procedural and substantive handling of tax assessments and the rights of assessees to contest these assessments under the established legal framework.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 628147 (SC)
• Appeal Type: Supreme court cases
• Pronouncement Date: 04-11-2024
• Other Referred Cases: Union of India vs Rajeev Bansal
• Laws Referred To: Union of India vs Rajeev Bansal
• Result in Favour of: Partly Allowed
• Court: SUPREME COURT
• Assessee Lawyers: RAGHAVENDRA SHANKAR; RAJ YADAV
• Keywords: Condonation of delay; Exemption from Filing Certified Copy; Impugned judgment; Income Tax; Special Leave Petition

Judgement Text

"SLPC D.48252/2024 ITEM NO.17+45 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.48252/2024 (Arising out of impugned final judgment and order dated 29-01-2024 in WPL No.34220/2023 passed by the High Court of Judicature at Bombay) INCOME TAX OFFICER WARD 26 (1)(1) & ORS. Petitioner(s) VERSUS MANISH VIRCHAND LAKHANI Respondent(s) (With I.R. and IA No.245322/2024-CONDONATION OF DELAY IN FILING) WITH Diary No.44496/2024 (IX) (With IA No.245560/2024-CONDONATION OF DELAY IN FILING and IA No.245562/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.40687/2024 (IX) (With IA No.242693/2024-CONDONATION OF DELAY IN FILING and IA No.242694/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.45353/2024 (IX) (With I.R. and IA No.246559/2024-CONDONATION OF DELAY IN FILING and IA No.246560/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.44478/2024 (IX) (With IA No.245199/2024-CONDONATION OF DELAY IN FILING and IA No.245201/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.43242/2024 (IX) (With IA No.245166/2024-CONDONATION OF DELAY IN FILING and IA No.245165/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.45361/2024 (IX) (With I.R. and IA No.246544/2024-CONDONATION OF DELAY IN FILING and IA No.246546/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.45351/2024 (IX) (With I.R. and IA No.247705/2024-CONDONATION OF DELAY IN FILING and IA No.247703/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED 1 Digitally signed by Chetan Kumar Date: 2024.11.05 17:56:47 IST Reason: Signature Not Verified SLPC D.48252/2024 JUDGMENT) Diary No.32704/2024 (IX) (With I.R. and IA No.246618/2024-CONDONATION OF DELAY IN FILING and IA No.246617/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.246619/2024-CONDONATION OF DELAY IN REFILING/ CURING THE DEFECTS) Diary No.31566/2024 (IX) (With IA No.248931/2024-CONDONATION OF DELAY IN FILING and IA No.248934/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.248933/2024-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Diary No.44175/2024 (IX) (With I.R. and IA No.248697/2024-CONDONATION OF DELAY IN FILING and IA No.248694/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.44970/2024 (IX) (With IA No.248744/2024-CONDONATION OF DELAY IN FILING and IA No.248746/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No.45357/2024 (IX) (With IA No.249202/2024-CONDONATION OF DELAY IN FILING and IA No.249203/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 04-11-2024 These petitions were called on for hearing today. 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. Karan Lahiri, Adv. Mr. B K Satija, Adv. Mr. Prashant Singh Ii, Adv. Mr. Gaurang Bhushan, Adv. Mr. Shashank Bajpai, Adv. For Respondent(s) 2 SLPC D.48252/2024 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 vs 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. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar 1 Civil Appeal No 8629 of 2024 decided on 3 October 2024 3 "