JUDGMENT, IA No. 161766/2018 - STAY APPLICATION) Date : 20-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Appellant(s) : Mr. Vikramjeet Banerjee, ASG Mr. Nachiketa Joshi, Sr. Adv.
Ms. Nisha Bagchi, Sr. Adv.
Mr. Digvijay Dam, Adv.
Mr. Amit Sharma B., Adv.
Mr. Shaurya R Rai, Adv.
Mr. Gurmeet Singh Makker, AOR
For Respondent(s) : Mr. Ashish Batra, Adv. Mr. Amit K. Nain, AOR
Mr. Wattan Sharma, Adv.
Mr. Kartik Yadav, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
1. Permission for amendment of appeal(s) is granted.
2. The appeals are partly allowed in terms of the signed reportable order, which is placed on the file.
3. The relevant part of the signed reportable order is as under:-
"….we partly allow these appeals of the revenue.
48. The judgment and order passed by the Tribunal is hereby set aside. The appeals filed by the assessees before the Tribunal are ordered to be restored to its original file and to be reheard by the Tribunal on grounds other than Section 138C(4) of the Act, 1962.
49. It is needless to clarify that on remand the Tribunal shall rehear the entire appeals on their own merits without being influenced in any manner by any of the observations made by this Court. Our observations are confined only on the issue of Section 138C(4) of the Act, 1962.
4. Pending application(s), if any, stands disposed of.
(CHANDRESH) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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