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ITA No.2493/Bang/2019 Page 2 of 6

2. We heard the parties and perused the record. During the year under consideration, the assessee sold a residential house property for a sum of Rs.12.75 crores on 06-11-2015. She purchased another residential house property on 17-02-2016 for Rs.11.02 crores. The new house property was purchased in the joint name of the assessee and her son Shri Kurada Sagar Chakravarthy. The assessee claimed deduction of Rs.8.47 crores u/s 54 of the Act towards the cost of new residential house property against the long term capital gain arising on sale of original house property. Since the new residential house property has been purchased in the name of assessee and her son, the AO restricted the deduction u/s 54 of the Act to 50%, i.e., he allowed deduction to the extent of Rs.4.23 crores only. The Ld CIT(A) also confirmed the same and hence the assessee has filed this appeal.

2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

WP(C).8416/19 4

3. The singular contention urged by the learned counsel for the petitioner is that the first respondent had committed a fundamental error in adopting the revised assessed tax of the year 2007-08 as the basis for revising the assessment and refixing the compounded tax liability for the years 2008-09, 2009-10 and 2010-11. In support of this contention, attention is drawn to Section 7(b) of the KGST Act and reliance is placed on the decisions in Sicilia Hotel Pvt. Ltd (Supra), and Kalyan Tourist Home v. State of Kerala (2017 (2) KLT 761).

4. Opposing the contentions, the learned Government Pleader would submit that, the power for revising the assessment after payment of compounded tax under Section 7(b) cannot be limited to be based only on the tax payable as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years. It is contended that there is no inhibition in Section 7 that revision of assessment cannot be on the basis of assessed tax. It is submitted that this position has been succinctly laid down by the Division Bench in Kalika Hotel and Bar, Amballur(M/s) v. State of Kerala (2012 (3) KHC 85) and The Commercial Tax Officer v. M/s Hotel Breezeland Ltd. (2019 (2) KLT 432).

Income Tax Appeal Nos. 135/2019 & 146/2019 are filed challenging a common order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.536/Coch/2018 and 537/Coch/2018, dated 12-03-2019. Income Tax Appeal No.313/2019 is filed against the revised order passed by the same Tribunal ITA No.537/Coch/2018, dated 11-10-2019. The assessee was the appellant before the Tribunal, who is the appellant herein. The revenue is the respondent.

2. Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under Section 40 (a) (iib) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). With respect to I.T. Appeal Nos. 135, 146 & 313/2019 -5- the assessment year 2014-2015, the Deputy Commissioner of Income Tax, Circle-2 (1), Thiruvananthapuram finalized the assessment of income tax against the appellant, under Section 143 (3) of the Act, through the order of assessment dated 14- 12-2016. But, the Principal Commissioner of Income Tax, Thiruvananthapuram initiated proceedings under Section 263 of the Act and set aside the order of assessment, on holding that the same is erroneous and is prejudicial to the interest of the revenue, to the extent it failed to disallow the debits made in the Profit and Loss Account of the assessee with respect to the amount of surcharge on sales tax and turn over tax paid to the State Government, which ought to have been disallowed under Section 40 (a) (iib) of the Act. Against order of the Principal Commissioner of Income Tax, issued under Section 263 of the Act, dated 25-09-2018, the appellant approached the Tribunal in ITA No.536/Coch/2018.

डॉ. निशिकांत दुबे (गोड्डा): माननीय अध्यक्ष जी, मैं आपके माध्यम से … * भ्रष्टाचार की गंगोत्री है,के बड़े स्कैम की तरफ देश और पार्लियामेंट का ध्यान आकृष्ट करना चाहता हूं ।             महोदय, जब माननीय वाजपेयी जी की सरकार थी,वर्ष 2003 में सरकार ने तय किया था कि हम लोगों को एस बैंड के लिए कंपनी बनानी चाहिए और एन्ट्रिक्स को इसकी मार्केटिंग करनी चाहिए । वर्ष 2003 में एक आदमी के साथ उसकी बातचीत स्टार्ट हुई । हमारी सरकार चली गई । आपको जानकर आश्चर्य होगा कि हमारी सरकार के जाने के बाद 28 जनवरी, 2005 को एन्ट्रिक्स और देवास नाम की कंपनी के साथ एक एग्रीमेंट साइन हुआ । …(व्यवधान) देवास कंपनी 17 दिसम्बर, 2004 को बनी । …(व्यवधान) उसके साथ 60,000 करोड़ का एग्रीमेंट भारत सरकार ने साइन किया । …(व्यवधान)           महोदय, दूसरा सवाल है कि जिन कंपनियों से पैसा आया, मॉरिशस की कंपनी   …(व्यवधान) कंपनी 2006 में बनी, 2009 में बनी, 2010 में बनी ।…(व्यवधान) और … * जी ने एफआईपीबी का क्लियरेंस दिया । …(व्यवधान) माननीय अध्यक्ष: श्री संतोष पाण्डेय जी ।

संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): माननीय अध्यक्ष जी, हमारी तरफ से बहुत से लोगों के एजर्नमेंट मोशन हैं। …(व्यवधान) जैसे साध्वी जी ने बाहर बोला था और हाउस में माफी मांगी थी, ऐसे ही राहुल गांधी जी ने बाहर बोला कि ‘मेक इन इंडिया’ की जगह ‘रेप इन इंडिया’ हो गया है। यह बहुत कन्डेम्नेबल एक्टिविटी है। …(व्यवधान) उन्हें हाउस में आकर माफी मांगनी चाहिए।…(व्यवधान) वह हाउस में आकर माफी मांगें।…(व्यवधान) हाउस में ऐसा पहले कर रखा है, साध्वी निर्मला ज्योति जी ने।…(व्यवधान)  वह हाउस में नहीं बोली थीं, पब्लिक में बोली थीं, मीटिंग में, …(व्यवधान) ऐसे ही राहुल गांधी जी पब्लिक में बोले हैं।…(व्यवधान) उनको माफी मांगनी चाहिए।…(व्यवधान) उन्होंने कैसे कह दिया कि यह ‘मेक इन इंडिया’ नहीं ‘रेप इन इंडिया’ है। …(व्यवधान) यह बहुत ही निंदनीय है। …(व्यवधान) घोर आपत्तिजनक है।…(व्यवधान) सदस्य को यहां बुलाया जाए और हाउस में माफी मांगी जाए।…(व्यवधान)

The dispute in this appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the respondent Steel Authority of India Ltd. (SAIL) under two contracts, bearing nos. PUR/PC/MOD/08.01/Pt.II dated 31.10.1989 and PUR/PC/MOD/08.01/Pt-I dated 29th March 1990. These imports were made in connection with modernisation, expansion and modification 1 for their plant at Durgapur in West Bengal. For this purpose, SAIL had floated seven Global Tender Contract Packages. The two contracts were part of these Tender Contract Packages. They were registered with the customs authorities for the purpose of project import benefits in terms of the 1962 Act. The first contract involved in this appeal was with a consortium consisting of a German Company, Hoestemberghe & Kluisch, GMBH and H & K Rolling Mills Engineering Private Limited, an Indian Corporate entity. The second contract was also with a German Company, Siempelkamp Pressen Systeme and the Indian entity was Escon Consultants Private Ltd, with whom the consortium was formed. Both these contracts were in connection with modernisation of SAIL’s rolling mills at the aforesaid plant.

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein.

3. The facts leading to the filing of this appeal, in brief, are as under:-

1

High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles.

1. Special leave granted. The parties were heard, with consent of their counsel.

2. These appeals are directed against a common judgment in LPA No. 1200/2013 (in CWJC No. 3640/2013), LPA No. 1170/2013 (in CWJC No. 3740/2013), LPA No. Signature Not Verified 1174/2013 (in CWJC No. 4265/2013) and LPA No. 1352/2013 in CWJC No. 3640/2013) of the Patna High Court, dated 24.06.2015. Digitally signed by DEEPAK SINGH Date: 2020.05.06

3. One set of appeals (arising from SLP(C) Nos. 23202-23204/2015) has 16:03:11 IST Reason:

been preferred by the Bihar Staff Selection Commission (hereafter “BSSC”) and 2 the other set (referred to as “the aggrieved party appellants”) by several aggrieved parties, who were appellants before the Division Bench of the High Court, in four intra-court appeals, which had questioned the judgment and order of a learned single judge. The single judge set aside the results of the main examination, with consequential directions to the BSSC to prepare fresh results of the Graduate Level Combined Examination-2010, in accordance with the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgment. The aggrieved party appellants were not party to the writ proceedings, but had been declared selected in terms of the results first published, and subsequently were shown as not qualified under the revised results pursuant to the directions of the Court by the learned single judge. Three appeals to the Division Bench were by candidates who were writ petitioners and had impugned the judgment of the single judge in not granting them full relief in respect of all questions that were challenged. These parties were not selected in the final results declared.

1. Leave granted.

2. The moot question in this appeal emanating from the judgment and order dated 19.11.2018 in Writ Petition No. 39418/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh1 is: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India ought Signature Not Verified Digitally signed by to entertain a challenge to the assessment order on the sole DEEPAK SINGH Date: 2020.05.06 16:03:16 IST Reason:

1 For short, “the High Court” 2 ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation?

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