ACIT Vs Nehal Ashit Shah (Supreme Court of India)
The Supreme Court of India has dismissed a Special Leave Petition filed by the Assistant Commissioner of Income Tax (ACIT) against Nehal Ashit Shah. The petition was disposed of based on a concession made by the Income Tax Department in a related case. The court followed its own precedent from the case of Income Tax Officer Ward 1(2) Jaipur vs. R.K. Build Creations Private Limited, which was decided on January 17, 2025. That decision, in turn, was based on a prior concession made by the Union of India in the case of Union of India vs. Rajeev Bansal (2024 SCC ONLINE 754), specifically regarding the assessment year 2015-16. As a result, the Supreme Court ruled that the present petition no longer required further consideration and was therefore dismissed.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
Delay condoned.
2. We have heard learned senior counsel for the petitioner and learned senior counsel for the respondent(s) who has appeared on caveat.
3. It has been submitted at the bar that this Special Leave Petition could be disposed of by following the order dated 17.01.2025 passed in the case of the Income Tax Officer Ward 1(2) Jaipur vs. R.K.Build Creations Private Limited (Special Leave Petition (Civil) Diary No(s).59625 of 2024). For ease of reference the aforesaid order reads as under:
“Delay condoned.
Having regard to the concession made by the petitioner-Department in the case of Union of India vs. Rajeev Bansal, Civil Appeal No.8629 of 2024 on 03.10.2024 (2024 SCC ONLINE 754), this Special Leave Petition would not survive for further consideration.
Hence, the Special Leave Petition is dismissed.
Pending application(s), if any, shall stand disposed of.”
4. Consequently, following the aforesaid order, this Special Leave Petition is dismissed as it does not survive for further consideration.
