IN THE SUPREME COURT OF INDIA

CIVIL 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.

Since the 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.  

Eli Lilly & Company (India) Private Limited, reported in  

[2009] 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.

Subject to above, the assessee's civil appeal is  

dismissed with no order as to costs.

......................J.            [S.H. KAPADIA]

......................J.            [AFTAB ALAM]

New Delhi, February 02, 2010.