TMI Blog2016 (7) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Advs. Kapil Sibal, Sr. Adv., Aarohi Bhalla, Satyen Sethi, Goutam Awasthi, Waseequddin and Ms. Sujata Kurdukar, Advs. ORDER 1. Delay condoned. 2. Leave granted. 3. The challenge in the present Special Leave Petitions is against the common order dated 21st February, 2014 by which the High Court of Allahabad has recalled the final order dated 27th August, 2013 passed in Income Tax Appeal Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the AO are based only on surmise and conjectures and hypotheses and on the basis of the imaginary and illusionary, which cannot be found as basis for rejecting the assessee's claim for payment of interest. The case of the assessee is fully covered by the judgment of the Hon'ble Apex Court in the Moody's case (supra). He mentioned on 02.01.2000, an advertisement was published in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt or a good investment depends upon the study of the person making the investment in the performance of the company. It may be noticed that the companies giving outstanding performance go out of the market and the companies performing not so well tends to start showing better results. Lastly, he submits that in view of the judgment of the Hon'ble Apex Court in the case of Moody (supra), the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearance on 7th August, 2013 and has also urged that a request was made to accommodate the Senior Counsel only for a day and, in fact, the said Senior Counsel had come to Lucknow and argued other cases of the assessee on 8th August, 2013. 7. We have considered the aforesaid submissions. The question is one of availability of jurisdiction under Order XLI rule 21 of the CPC, namely, that the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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