Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5493 OF 2003
M/s. Mitsubishi Corporation, Delhi ...Appellant(s)
Versus
Joint Commnr. of Income Tax, Delhi ...Respondent(s)
O R D E R
Heard learned counsel on both sides.
Since the assessee had questioned the validity of
nd
show-cause notice dated 2 March, 2001, by filing Civil
Writ Petition No.2533 of 2001 in the Delhi High Court, we
are of the view that, in the light of the judgement of
this Court in the case of Commissioner of Income Tax vs.
Eli Lilly & Company (India) Private Limited, reported in
[2009] 312 I.T.R.225, the matter needs re-examination by
the Assessing Officer in terms of the said judgement. In
the circumstances, we see no reason to interfere with the
impugned judgement of the High Court which has directed
the assessee to move the Assessing Officer in the penalty
proceedings.
Subject to above, the assessee's civil appeal is
dismissed with no order as to costs.
......................J.
[S.H. KAPADIA]
......................J.
[AFTAB ALAM]
New Delhi,
February 02, 2010.