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M. JANARDHANA RAO vs. JOINT COMMISSIONER OF INCOME TAX

SCR Citation: [2005] 1 S.C.R. 874
Year/Volume: 2005/ Volume 1
Date of Judgment: 28 January 2005
Petitioner: M. JANARDHANA RAO
Disposal Nature: Appeals Disposed Off
Neutral Citation: 2005 INSC 52
Judgment Delivered by: Hon'ble Dr. Justice Arijit Pasayat
Respondent: JOINT COMMISSIONER OF INCOME TAX
Case Type: CIVIL APPEAL /4332/2003
Order/Judgment: Judgment
1. Headnote

Income Tax Act, 1961; Section 260-A : Appeal under Section 260-A-Procedural requirements-Held : High Court not empowered to decide an appeal without following due procedure prescribed therefor-Since High Court disposed of the appeal without formulating and determining question of law at admission stage, matter remitted to the High Court for deciding it afresh strictly following the procedural requirements of Section 260-A. Question of law vis-a-vis substantial question of law-Distinction between Right of appeal-Regulations of The question which arose for determination in these appeals were as to whether High Court is empowered to dispose of an appeal filed under Section 260-A of the Income Tax Act without formulating a question of law at the stage of admission and disposing it of without determining as to whether the question formulated was substantial question of law. However, the basic dispute/issue came before the High Court for determination was relating to Income tax liability on the amount received by the assessees/partners out of the sale proceeds of assets of a dissolved firm. It was contended by the appellant-assessees that the arguments raised by them relating to non-applicability of the principle of slump sale were not considered by the High Court; that before amendment of Section 50B of the Income Tax Act by Finance Act, 1999 there was no scope for levying any tax under the heading 'capital gain'; and that no question was formulated by the High Court at the admission stage, however, the questions were formulated by the High Court for the purpose of adjudicating the appeals. 

2. Case referred
3. Act
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4. Keyword
  • Income Tax Act
  • 1961; Section 260-A :