SECTION IIIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO....CC 11496 OF 2016

WITH

INTERLOCUTORY APPLICATION NO. 1

(Application for condonation of delay in filing Special Leave Petition)

AND

INTERLOCUTORY APPLICATION NO. 2

(Application for condonation of delay in refiling Special Leave Petition)

COMMISSIONER OF INCOME TAX6, MUMBAI ...PETITIONER

VERSUS

M/S KANSAI NEROLAC PAINTS LTD. ...RESPONDENT

OFFICE REPORT

It is submitted for information of the Hon'ble Court that the Special Leave Petition abovementioned is filed against the impugned final judgment and Order dated 14th July, 2015 of the High Court of Judicature at Bombay in I.T.A No. 1733 of 2013 and is barred by time by 149 days. The counsel for the petitioner has filed application for condonation of delay in filing Special Leave Petition. Counsel for the petitioner has also filed application for condonation of dealy in refiling the Special Leave Petition after curing the defects which is barred by time by 46 days.

It is further submitted for information of the Hon'ble Court that Civil Appeal No. 3358 of 2015 @ SLP (C) No. 10778 of 2015 @ SLP (C) No...CC 5922 of 2015 entitled "COMMISSIONER OF INCOME TAX vs M/S NATIONAL COMMODITY AND DERIVATIVES EXCHANGE LIMITED" arising from identical issue which was listed before the Hon'ble Court on 6th April, 2015, when the Hon'ble Court has granted leave (Copy of order dated 6 th April, 2015 is enclosed herewith for reference).

It is also submitted for information of the Hon'ble Court that Civil Appeal No. 10474 of 2014 @ SLP (C) No. 31793 of 2014 @ SLP (C) No...CC 18245 of 2014 entitled "COMMISSIONER OF INCOME TAX vs NATIONAL DAIRY DEVELOPMENT BOARD." referred to as annexure P6 which was listed before the Hon'ble Court on 19th November, 2014, when the Hon'ble Court has granted leave (Copy of order dated 19th November, 2014 is annexed as Annexure P6 at Page no. 159 to 160 of the paper books).

It is also submitted for information of the Hon'ble Court that SLP (C) Nos. 3442829 of 2013 @ SLP (C) Nos...CC 1897677 of 2016 entitled "DY. COMMISSIONER OF INCOME TAX & ANR. vs M/S.GODREJ & BOYCE MFG.CO.LTD" arising out of relied upon order which was listed before the Hon'ble Court on 28th October, 2013, when the Hon'ble Court has dismissed the same. (Copy of order dated 28th October, 2013 is enclosed herewith for reference).

It is also submitted that counsel for the petitioner has filed additional documents as per undertaking letter. Copy of the same has been included in the paper books.

The matter alongwith application above mentioned is listed before Hon'ble Court with this Office Report.

DATED THIS THE 3RD DAY OF AUGUST, 2016.

ASSISTANT REGISTRAR

Copy To:

Mrs. Anil Katiyar, Advocate

ASSISTANT REGISTRAR

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