Mitsubishi Corporation Delhi Vs. Joint Commnr. of Income Tax Delhi  INSC
117 (2 February 2010)
APPELLATE JURISDICTION CIVIL APPEAL NO.5493 OF 2003 M/s. Mitsubishi
Corporation, Delhi ...Appellant(s) Versus Joint Commnr. of Income Tax, Delhi
...Respondent(s) O R D E R Heard learned counsel on both sides.
assessee had questioned the validity of show-cause notice dated 2nd March,
2001, by filing Civil Writ Petition No.2533 of 2001 in the Delhi High Court, we
are of the view that, in the light of the judgement of this Court in the case
of Commissioner of Income Tax vs.
& Company (India) Private Limited, reported in  312 I.T.R.225, the
matter needs re-examination by the Assessing Officer in terms of the said
judgement. In the circumstances, we see no reason to interfere with the
impugned judgement of the High Court which has directed the assessee to move
the Assessing Officer in the penalty proceedings.
to above, the assessee's civil appeal is dismissed with no order as to costs.
February 02, 2010.