Supreme CourtDivision Bench

Commissioner Of Income Tax vs Phoenix Lamps Ltd.

Supreme Court Of India · Decided on 22 April 2019 · Citation: (2019) 15 SCC 799

HON’BLE JUDGES
Abhay Manohar Sapre, J · Dinesh Maheshwari, J
ACTS & SECTIONS REFERRED
Income Tax Act, 1961 — Section 260A
CASE NUMBER
Special Leave To Appeal (C) No(S). 26334 Of 2017
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Judgment

6 paragraphs · 139 words

Admittedly, as a result of the impugned order remanding the case to the Tribunal (ITAT), the Tribunal has passed the final order in the instant matter pending this special leave petition.

If that be so, the remedy of the aggrieved in our view lies in filing an appeal under Section 260-A of the Income Tax Act, 1961 before the jurisdictional High Court against the said order.

We, therefore, find no good ground to interfere with the impugned order passed by the High Court which in our view stands complied with by the Tribunal.

Needless to say, in the event of an appeal being filed by the aggrieved before the High Court, the same shall be decided strictly in accordance with law.

With the aforesaid observation, the special leave petition is disposed of.

Pending applications, if any, stand disposed of.