Supreme Court of India

Dy. Commissioner of Income Tax v. State Bank of India and Ors.

Neutral citation
Reported as [2008] 16 S.C.R. 1146
Bench Tarun Chatierjee and Dr. Mukundakam Sharma JJ.
Decided 3 December 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that all such disputed questions are required to be decided by the Special Court after giving an opportunity to the parties to place all the relevant documents so as to enable it to come to a proper and considered finding.

Judgment, page 28

From the headnote

Special Court (Trial of Offences relating to transactions c in Securities) Act, 1992 - s.11(2)(a) and (b) - Discharge of tax liabilities under - Of notified person - Priority claim of Revenue . -- Creditor Banks seeking scaling down the claim of Revenue - ·Allowed by Special Court - On appeal, plea of Banks that the amount for which decree was passed in their p favour against the notified person prior to issuance of Notification uls .3 could not have been assessed as the income of the notified person without showing nexus between _., the decreed amount and the amount included in income for

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