Apex court can dismiss appeal on account of vagueness, leaving question of law open

 SUPREME COURT OF INDIA

Commissioner of Income-tax, Delhi

Versus

Gold Tax Furnishing Industries

CIVIL APPEAL NO. 1620 OF 2004

S.L.P. (C) NO. 14936 OF 2004

AUGUST 30, 2012

ORDER

Civil Appeal No.1620 of 2004:

Heard learned counsel on both sides.

In the present case, we find that the Assessment Order does not give effect to the amount seized in the calculation of tax payable at the end of the Assessment Year in question. Further, there is no Demand Notice and there is no basis for claiming interest on advance tax due on 15th September, 15th December and 15th March. On account of this vagueness, leaving the question of law open, the civil appeal filed by the Department is dismissed.

No order as to costs.

S.L.P. (C) No. 14936 of 2004:

Mr. C.S. Aggarwal, learned senior counsel appearing for the assessee, seeks leave to withdraw this cross-petition filed by the assessee. Permission is granted. The special leave petition is, accordingly, dismissed as withdrawn.

NF