Panchsheel Buildtech Private Limited vs Union Of India on 7 January, 2025

Supreme Court – Daily Orders

Panchsheel Buildtech Private Limited vs Union Of India on 7 January, 2025

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

                                                            1

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION

                                    CIVIL APPEAL NO.____________of 2025
                                  (arising out of SLP (C) NO. 12461/2024)


     PANCHSHEEL BUILDTECH PRIVATE LIMITED                                           Appellant(s)

                                                         VERSUS
     UNION OF INDIA & ORS.                                                          Respondent(s)

                                                     O R D E R

Leave granted.

2. The appellant approached the High Court under Article 226 of

the constitution against the rejection of his application for

condonation of delay in filing the Revision Application under

Section 264 of the Income Tax Act, 1961.

3. By the order impugned before us, the High Court passed the

following order:

“4. Upon a perusal of the grounds taken by the petitioner
for condonation of delay and the order passed by the
authority concerned rejecting the delay condonation
application, I am of the view that since very high stakes
are involved in this matter, a liberal view should have
been taken by the authority concerned in deciding the delay
condonation of the petitioner.

5. In light of the same, the order rejecting the delay
condonation application is hereby quashed and set aside
with a direction upon the authority concerned to have the
revision application heard out, subject to a condition
that the petitioner shall deposit 10 per cent of the
demand within a period of five weeks from date and
further 5 per cent of the demand to be deposited by the
petitioner within a period of ten weeks from date. Any
amount that has already been deposited by the petitioner,
may be adjusted with the amount indicated above.

6. Once the 15 per cent of the demand is deposited by the
petitioner, the balance demand shall remain stayed till
Signature Not Verified

final disposal of the revision application.

Digitally signed by
KANCHAN CHOUHAN
Date: 2025.01.20

7. In case of default in making the above payment, the
17:02:06 IST
Reason:

order passed today in the Court shall be vacated
automatically without any reference to this Court and the
authority concerned shall be at liberty to proceed with
the recovery of the said amount in accordance with law.”
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4. In view of the fact that the High Court has considered its

appropriate to condone the delay by taking a liberal view of the

matter in view of high stakes involved in the revision, we are of

the opinion that the further direction to deposit 15% of the demand

as a pre-condition for quashing the order rejecting delay

condonation was not justified.

5. In this view of the matter, we allow the appeal and set aside

the order of the High court to the extent it directs the deposit of

15% of the demand. In the circumstances, we approve the direction

of the High Court in condoning the delay and stay of the demand

pending disposal of the Revision Petition.

6. We further direct that the revision shall be taken up and

disposed of as as expeditiously as possible, preferably within a

period of four weeks from today.

7. We also make it clear that these directions are passed in the

facts and circumstances of the case and shall not be treated as

precedent.

8. The appeal is disposed of, in terms of the above order.

9. Pending applications, if any, shall stand disposed of.

………………………J
(PAMIDIGHANTAM SRI NARASIMHA)

………………………J
(MANOJ MISRA)
NEW DELHI
JANUARY,07, 2025
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ITEM NO.37 COURT NO.12 SECTION XI

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Special Leave Petition (C) No(s). 12461/2024

[Arising out of impugned final judgment and order dated 07-05-2024
in WTA No. 673/2024 passed by the High Court of Judicature at
Allahabad]

PANCHSHEEL BUILDTECH PRIVATE LIMITED Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

IA No. 126258/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 231262/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 126259/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 126260/2024 – PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 07-01-2025 These matters were called on for hearing today.

CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s) Mr. S. Ganesh, Sr. Adv.

Mr. Arijit Prasad, Sr. Adv.

Mr. Raj Kumar Nahataa, Adv.

Mr. Pankaj Kumar Saxena, Adv.

Mr. Keshav Dwivedi, Adv.

Ms. Divyanshee Singh, Adv.

Mr. Tapas Gaur, Adv.

Mr. Abhishek Gautam, AOR

For Respondent(s) Mr. N Venkatraman, A.S.G.
Mr. Raj Bahadur Yadav, AOR
Mr. Shashank Bajpai, Adv.

Mr. V Chandrashekhara Bharathi, Adv.
Mr. H R Rao, Adv.

Mr. Sarthak Karol, Adv.

UPON hearing the counsel the Court made the following
O R D E R

1. Leave granted.

2. The Civil Appeal is disposed of in terms of signed order.
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3. Pending applications, if any, shall stand disposed of.

(KANCHAN CHOUHAN)                               (NIDHI WASON)
SENIOR PERSONAL ASSISTANT                      COURT MASTER (NSH)

[Original Signed Order is placed on the file.]