BANSAL COMMODITIES Vs. UNION OF INDIA

JUDGEMENT

(1.) - Special leave granted.

(2.) Learned counsel for the appellant submits that subsequently there have been several developments in this case. The assessment order made in the case of S. K. Aggarwal has been set aside for being redone. We also find that the High Court towards the end of its judgment observed that so long as the assessment on S. K. Aggarwal is not set aside, the question of the amount of Rs. 49.03 lacs being ordered to be paid to the appellant does not arise. This is also an aspect which would call for a reconsideration of the position in view of the fact that S. K. Aggarwal's assessment has been set aside. There are also, according to the appellant, certain other facts which have to be placed before the Commissioner of Income-tax in connection with the above matter.

(3.) Having regard to all these circumstances, we are of the opinion that the best course is to set aside the order of the High Court as well as the orders of the Commissioners of Income-tax dated 27-11-89, 15-1289 as well as 1-3-90. In other words, the petitions filed before the Commissioners by the appellant under Section 132(11) of the Income-tax Act, would be restored to the file of the Commissioners for being disposed of afresh in accordance with law.