Commnr. Of Income Tax, Belgaum vs. Belgaum Distt. Central Coop. Bank Ltd

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ITEM NO.33 COURT NO.1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No. 9414/2003 (From the judgment and order dated 24/10/2002 in ITA 135/02 of the High Court of Karnataka at Bangalore) COMMNR. OF INCOME TAX, BELGAUM & ANR. Petitioner(s) VERSUS BIJAPUR DIST. CENTRAL COOP. BANK Respondent(s) (With appln(s) for c/delay in filing SLP and prayer for interim relief and office report ) WITH S.L.P.(C) NO. 9415 of 2003 (With appln.(s) for c/delay in filing SLP and with prayer for interim relief and

office report),

WITH S.L.P.(C) NO. 9416 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for int erim relief and office

report),

WITH S.L.P.(C) NO. 9413 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for int erim relief and office

report),

WITH S.L.P.(C) NO. 12196 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office

report),

WITH S.L.P.(C) NO. 11873 of 2003 (With prayer for interim relief and office report),

WITH S.L.P.(C) NO. 11874 of 2003 (With appln.(s) for amendment of cause title)(With prayer for interim relief and

office report),

WITH S.L.P.(C) NO. 12194 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office

report),

WITH S.L.P.(C) NO. 12195 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office

report),

WITH S.L.P.(C) NO. 12132 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 13209 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 13211 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 13212 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 13381 of 2003 (With prayer for interim relief and office report), WITH S.L.P.(C) NO. 13383 of 2003 (With prayer for interim relief and office report), WITH S.L.P.(C) NO. 13416 of 2003 (With prayer for interim relief and office report), WITH S.L.P.(C) NO. 13636 of 2003 (With c/delay in filing SLP)(With prayer for interim relief a nd office report), WITH S.L.P.(C) NO. 13639 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 13992 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 14598 of 2003 (With appln.(s) for c/delay in filing SLP and exemption from filing O.T. and ex 2 parte stay and With prayer for interim relief and office report), WITH S.L.P.(C) NO. 14599 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 11872 of 2003 (With appln.(s) for c/delay in filing SLP)(With prayer for in terim relief and office report), WITH S.L.P.(C) NO. 18157 of 2003 (With appln.(s) for c/delay in filing SLP and Amendment of Ca use Title.)(With office report), WITH S.L.P.(C) NO. 18353 of 2003( With appln.(s) for c/delay in filing SLP and With office rep WITH S.L.P.(C) NO. 18355 of 2003 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 18356 of 2003 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 19740 of 2003 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 21181 of 2003 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 21183 of 2003 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C)...CC NO. 9562 of 2003 (With IA 1 for c/delay in filing SLP), WITH S.L.P.(C) NO. 3256 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3271-3272 of 2004 (With appln.(s) for c/delay in filing SLP, c/delay in ref iling SLP, Amendment of Cause Title and office report), WITH S.L.P.(C) NO. 3273 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3449 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3253 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3257 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3275 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 3291 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5167 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report) , WITH S.L.P.(C) NO. 5168 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5169 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5170 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5171 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5172 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 5173 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 6578 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report) , WITH S.L.P.(C) NO. 6579 of 2004 (With appln.(s) for c/delay in filing SLP,c/delay in refiling SLP)(With office report), WITH S.L.P.(C) NO. 6580 of 2004 (With appln.(s) for c/delay in filing SLP and c/delay in refil ing SLP)(With office report), WITH S.L.P.(C) NO. 6581 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 6582 of 2004 (With appln.(s) for c/delay in filing SLP and c/delay in refil ing SLP)(With office report), WITH S.L.P.(C) NO. 6584 of 2004 (With appln.(s) for c/delay in filing SLP),

ort),

WITH S.L.P.(C) NO. 7622 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7625 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7628 of 2004 (With appln.(s) for c/delay in filing SLP and c/delay in refil ing SLP)(With office report), WITH S.L.P.(C) NO. 7629 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7631 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7632 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7633 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7635 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7642 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 7644 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9169 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report) ,

WITH S.L.P.(C) NO. 9170 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9172 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9173 of 2004 (With appln.(s) for c/delay in filing SLP),

3

WITH S.L.P.(C) NO. 9174 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9175 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9177 of 2004 (With appln.(s) for c/delay in filing SLP)(with IA 2 for amend ment of cause title), WITH S.L.P.(C) NO. 9179 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9181 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9183 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9184 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9185 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 9683 of 2004 (With office report), WITH S.L.P.(C) NO. 9685 of 2004, WITH S.L.P.(C) NO. 9686 of 2004, WITH S.L.P.(C) NO. 9761 of 2004(With appln.(s) for c/delay in filing SLP)(With office report), WITH S.L.P.(C) NO. 13590 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report ),

WITH S.L.P.(C) NO. 15149 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15151 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15153 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15154 of 2004 (With appln.(s) for c/delay in filing SLP and c/delay in refi ling SLP)(With office report), WITH S.L.P.(C) NO. 15143 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15146 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15145 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 15968 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report ), WITH S.L.P.(C) NO. 17353-17355 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report), WITH S.L.P.(C) NO. 17356 of 2004(With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 17357 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 17359 of 2004 (With appln.(s) for c/delay in filing SLP), WITH S.L.P.(C) NO. 18332 of 2004 (With appln.(s) for c/delay in filing SLP)(With Office report ), WITH S.L.P.(C) NO. 20626 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report ) WITH S.L.P.(C) NO. 22404 of 2004 (With appln.(s) for c/delay in filing SLP)(With office report ) WITH S.L.P.(C) NO. 2701 of 2005 (With office report) WITH S.L.P.(C) NO. 4835 of 2005 (With appln.(s) for c/delay in filing SLP)(With office report) WITH S.L.P.(C) NO. 4987 of 2005 (With office report) WITH S.L.P.(C) NO. 4986 of 2005 (With office report) WITH S.L.P.(C) NO. 4888 of 2005 (With office report) WITH S.L.P.(C) NO. 6510 of 2005 (With office report) WITH S.L.P.(C) NO. 6513 of 2005 (With office report) WITH S.L.P.(C) NO. 6515 of 2005 (With office report) WITH S.L.P.(C) NO. 7665 of 2005 (With office report) WITH S.L.P.(C) NO. 7667 of 2005 (With office report) WITH S.L.P.(C) NO. 11194 of 2005 (With office report)

Date: 01/08/2005 These Petitions were called on for hearing today.

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.K.THAKKER HON'BLE MR. JUSTICE P.K. BALASUBRAMANYAN For Petitioner(s) Mr. Mohan Parasaran, ASG Ms. Asha G Nair, Adv. 4 Mr. Anuvrat Sharma, Adv. Ms. Varuna Bhandari Gugnani, Adv. Ms. Pareena Swarup, Adv. Mr. B. Krishna Prasad, Adv. Mr. Amit Singh, Adv. Mr. B.V. Balaram Das,Adv. For Respondent(s) Mr. G. Sarangan, Sr. Adv. Mr. Sanjay Kunur, Adv. Mr. Ramesh N Keswani, Adv. Mr. N.N. Keshwani,Adv. Mr. S V Deshpande, Adv. Mr. Dhruv Mehta, Adv. Mr. Mohit Chaudhary, Adv. Mr. Harshvardhan Jha, Adv. for M/s K.L. Mehta & Co., Ad vs. Mr. Gopal Jain, Adv. Mr.Rahul Sagar, Adv. Ms. Vanita Bhargava, Adv. Mr. Gopal Jain, Adv. Mr. Navin Kumar, Adv. Ms. Nandini Gore, Adv. Mr. Girish Ananthamurthy, Ad Mr. P P Singh, Adv.

Mr. Shivaji M. Jadhav, Adv.

Mr. Himanshu Gupta, Adv.

Mr. Brij Kishor Sah, Adv.

Mr. Chinmoy S. Khaladkar, Ad

Mr. S. K.Nandy, Adv.

UPON hearing counsel the Court made the following

O R D E R

The learned counsel for the respondents subm it that the matter is covered by

the decision of this Court dated April 08, 2005 in C.A.No._______/200 5 arising out of SLP(C)

No. 3826/2004 etc. (Commissioner of Income Tax, Jalandhar Vs. Nawans hahar Central Coop.

Bank Ltd.).

The learned Addl. Solicitor General disputes t he correctness of this statement.

List for final hearing and disposal on a Frida y.

SLP(C) No. 7411/2003 shall also be listed for hearing on the next date

alongwith this matter.

5

(AJAY KR. JAIN) (RADHA R. BHATIA)

v.