TMI Blog2018 (2) TMI 1648X X X X Extracts X X X X X X X X Extracts X X X X ..... ITP No.124 of 1998 - - - Dated:- 12-12-2017 - Mr. Aniruddha Bose And Mr. Arindam Sinha JJ. For the Appellant : Mr.M.P.Agarwal, Adv. And Mr.P.K.Bhowmick, Adv. For the Respondent : None The Court:- No one appears for the assessee in this reference application today. Earlier, this matter had been called on for hearing on 14th November, 2017 when too no one had appeared on behalf of the assessee. On that day we had directed notice to be issued upon the assessee. We do not find any record of service of notice. The matter was listed again on 5th December, 2017 on which date also assessee went un-represented and without passing any order we posted the matter to be listed under the heading To Be Mentioned today, i.e. 12th Decembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1999) 237 ITR 889 and Paper Products Ltd. vs. Commissioner of Central Excise reported in (2001) 247 ITR 128 . He has also brought to our notice a judgement of the Supreme Court of India in the case of Commissioner of Income Tax Vs. Gemini Distilleries reported in (2017)398 ITR 343 , in particular the following passages therefrom. Learned counsel for the respondents relied upon circular dated December 10, 2015 and specifically relied upon paragraph 10. We are of the considered opinion that the Central Board of Direct Taxes cannot issue any circular having retrospective operation. Respectfully following the above decision, we allow the instant appeals. The impugned order passed by the High Court dated November 2, 2011 in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reference as well. On applicability of the circular to pending matters he drew our attention to paragraph 24 of the report in which the Supreme Court of India held as follows: 24. We are of the view that the matter needs to be put to rest and a clarity be obtained in view of the impact of this issue on pending cases before the High Courts as well as the cases which have been disposed of by various High Courts by applying the Circular of 2011 to pending litigations. In our view the matter has been squarely put to rest taking further care of the interest of the Revenue by the order passed by the three Judges Bench of this Court in Surya Herbal Ltd . case (supra), which had put two caveats even to the retrospective application of the Cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
