COMMISSIONER OF INCOME TAX Vs. ESSAR PROJECTS LTD

JUDGEMENT

(1.) Heard Learned Counsel For The Department. Delay Condoned.

(2.) After Passing Of The Impugned Order, Parliament Has Amended The Law Vide Finance Act 14 Of 2010. In The Circumstances, The Impugned Order Is Set Aside And The Matter Is Remitted To The High Court To Consider The Question Of Condonation Of Delay In The Light Of The Amended Law. We Make It Clear That The Department Will Take Out Notice Of Motion Within Eight Weeks From Today And Will Satisfy The High Court That There Is Sufficient Cause For Condonation Of Delay. It Is, However, Made Clear That If The Department Fails To Take Out Notice Of Motion Within Eight Weeks From Today, Then The Matter Will Not Be Considered By The High Court.

(3.) Subject To Above, The Special Leave Petition Is Disposed Of.