Jsw Energy Ltd vs. Deputy Commnr. Of Income Tax, Blr

ITEM NO.54 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(s).25295/2009 (From the judgement and order dated 16/03/2009 in ITA No.3025/2005 of The HIGH COURT OF KARNATAKA AT BANGALORE) JSW ENERGY LIMITED Petitioner(s) VERSUS DY.COMMR.OF I.T.BANGALORE Respondent(s) (With appln(s) for permission to file additional documents) With S.L.P. (C) No.25411 of 2009 (With office report) S.L.P. (C) No.25436 of 2009 (With office report) S.L.P. (C) No.26061 of 2009 (With prayer for interim relief and office report) S.L.P. (C) No.26477 of 2009 (With appln(s) for exemption from filing c/c of the impugned judgment and office report) S.L.P. (C) Nos.18308-18309/2010 (With office report) Date: 26/07/2010 These Matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE SWATANTER KUMAR For Petitioner(s) In SLP 25295, 25411, 25436, 26061 and 26477/2009: Mr. Jagjit Singh Chhabra,Adv. In SLP 18308-309/2010: Mr. Parag P. Tripathi,ASG. Mr. Kunal Bahri,Adv. Mr. Gaurav Dhingra,Adv. Mr. B.V. Balaram Das,Adv. ....2/- - 2 - For Respondent(s) Mr. Parag P. Tripathi,ASG Mr. Kunal Bahri,fAdv. Mr. Gaurav Dhingra,Adv. Mr. B.V. Balaram Das,Adv. In SLP 18308-309/2010: Mr. Jagjit Singh Chhabra,Adv. UPON hearing counsel the Court made the following O R D E R

S.L.P. (C) Nos.18308-18309 of 2010:

By consent, the matter is taken up for hearing. In this case, by Finance Act, 2010, Section 9 of the Income Tax Act, 1961, has been amended with effect from 1st June, 1976. No doubt, Finance Act, 2010, came into force only after the impugned judgement came to be delivered. Be that as it may,since Finance Act, 2010, operates with effect from 1st June, 1976, we are required to give permission to the Department to move the High Court by way of review petition within a period of six weeks from today. We order accordingly. The special leave petition is, accordingly, disposed of. S.L.P. (C) Nos.25295 of 2009, 25411 of 2009, 25436 of 2009, 26061 of 2009 and 26477 of 2009:

The special leave petitions shall stand over for two weeks.

[ Alka Dudeja ] [ Madhu Saxena ] A.R.-cum-P.S. Assistant Registrar