September 2, 2018:

Apex Court slapped a cost of Rs 10 lakh on the Department.

Supreme Court slammed Income Tax Department for making “misleading statement” about the pendency of an Appeal while making it clear that Supreme Court is not a “picnic place” and cannot be treated like this.

Apex Court Bench headed by Justice Madan B Lokur slapped a cost of Rs 10 lakh on IT Department and stated that it was “shocked” that Centre, through Commissioner of Income Tax, has taken the matter “so casually”.

SC comprising Justice S Abdul Nazeer and Justice Deepak Gupta pointed out in its order that plea was filed by IT Department after a delay of 596 days and “inadequate and unconvincing explanation” was given for the delay.

“Please do not do this. The Supreme Court is not a picnic place. Is this the way you treat the Supreme Court of India?,” Bench told Counsel appearing for the department.

Bench stated that,“You cannot treat the Supreme Court like this”.

Supreme Court Bench was hearing a petition filed by Commissioner of Income Tax, Ghaziabad, Department had stated that a similar matter filed in 2012 was pending in the court.

It, however, noted that matter referred to as pending by Department was decided by the apex court way back in September 2012.

“In other words, the petitioners have given a totally misleading statement before this court. We are shocked that the Union of India through the Commissioner of Income Tax has taken the matter so casually,” the bench said in its order while dismissing the petition.

Department had moved Supreme Court challenging August 29, 2016 judgement of the Allahabad High Court which had dismissed their appeal against an Income Tax Appellate Tribunal (ITAT) order.

Plea before High Court pertained to different assessment years concerning the Hapur Pilkhuwa Development Authority (HPDA), a body constituted under the Uttar Pradesh Urban Planning and Development Act, 1973.

Source PTI

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