ICI INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In the second round of litigation, the petitioner, formerly known as Indian Explosives Limited and now known as ICI (India) Limited, has approached this court as despite the direction given by a Division Bench of this court in its own case reported in 195 ITR 232, the Specified Authority under the provisions contained in the Income-tax Act, 1961 (hereinafter referred to as "the Act") and, particularly, in section 72A has made an order in utter disregard of the decision rendered by this court and also upon a complete non-application of mind. The short facts, as set out in 195 ITR 232 are as under:

(2.) The Division Bench hearing the petition at page 243 of the report issued a direction in the nature of writ of mandamus which is as under:-

(3.) In view of the direction aforesaid, the Specified Authority was required to examine the matter in the light of the observations made in the judgment and to recommend under the provisions contained in Section 72A of the Act and it was for the Central Government to pass an appropriate order on such recommendations. Curiously, in the instant case, there is no order made by the Central Government. There is an order dated 03.11.1999 made by the Specified Authority, a copy of which is produced on record at page 431. It must also be noted that against the aforesaid Division Bench decision a Special Leave Petition was filed on behalf of the Respondents. The order made by the Supreme Court is quoted as under:-