S.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order passed under s. 186(1) of the IT Act, 1961 ?

Supreme Court Of India

CIT vs. Friends & Co.

Sections 184, 186

S.P. Bharucha, S.N. Phukan & Shivaraj V. Patil, JJ.

Civil Appeal No. 498 of 1998

19th September, 2000

Counsel Appeared

M.L. Verma with S.W.A. Quadri & Ms. Sushma Suri, for the Appellant : A.V. Rangam & A. Ranganathan, for the Respondent

ORDER

By the court :

The High Court in the order under challenge answered the two questions set out below in favour of the assessee and against the Revenue :

“1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order passed under s. 186(1) of the IT Act, 1961 ?

2. Whether registration under the IT Act, 1961 can be granted to a firm constituted in violation of the Arms Act and the Rules made thereunder ?” The Revenue is in appeal by special leave. The question now stand concluded by the decision of this Court in Motilal Chunnilal Tak vs. CIT (1999) 153 CTR (SC) 256 : (1998) 234 ITR 472 (SC) : TC S33.3197. Following the said decision, the appeal is allowed and the order under appeal is set aside. No order as to costs.

[Citation : 256 ITR 177]

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