2009 (4) TMI 1070 - SCH - Income Tax

Delay condoned; Questions F, G, H covered by earlier 8 April 2009 decision favoring assessee; section 56 left unargued

Delay condoned. Questions F, G and H held covered by a prior SC decision pronounced on 8 April 2009, which was decided in favor of the assessee and ... Applicability of miscellaneous income u/s 56 - High Court has held that the question regarding the applicability of miscellaneous income u/s 56 Department has not argued, hence we are not inclined to examine this question in the present case. 'Delay condoned.' Questions F, G & H are held to be covered by the judgment in Commissioner of Income Tax, Delhi v. M/s. Woodward Governor India P. Ltd. (C.A. No.2206/2009 arising from SLP(C) Nos.593/2008 etc.) pronounced on 8th April, 2009 - the earlier decision being 'in favour of the assessee and against the Department.' As to question I, the High Court observed that the issue regarding the applicability of 'miscellaneous income' under section 56 of the Income-tax Act was not argued by the Department; consequently the Court declined to examine that question in the present petition. The special leave petition is disposed of on those terms.