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Petitioner: INSPECTING ASSISTANT COMMISSIONER OF INCOME-TAX VS Respondent: V.I.P. INDUSTRIES LTD.
Court Name: Supreme Court of India Judge(s): M. N. Venkatachaliah, B. C. Ray, S. C. Agarwal Title:INSPECTING ASSISTANT COMMISSIONER OF INCOME-TAX vs V.I.P. INDUSTRIES
LTD. Case No.: Petitions for Special Leave to Appeal (Civil) Nos.3164 and 3165 of 1991 Date of Judgment:1991-07-16 Reported As: 1992 PTD 272 Result: Case remanded Judgment ORDER After hearing learned counsel for both the parties, we are unable to uphold the order of the High Court. It appears that, subsequently, facts have come to the notice of the Income-tax Department that the facts disclosed in the return are not a true and correct declaration of facts. In that view of the matter, we set aside the order of the High Court passed in Writ Petition A No,1634 of 1988 with Writ Petition No,2919 of 1988 (V.I.P. Industries v. Inspecting Assistant Commissioner (1991) 187 ITR 639 (Bom.), and send the case back on remand to the Income-tax Officer for a decision in accordance with law after giving an opportunity of hearing to the parties concerned. ' The special leave petitions are disposed of.