2008 (8) TMI 788 - HC - Income Tax

Rejection of books of account - case remanded back to the Commissioner of Income-tax (Appeals) where the same was still pending consideration - Held that - No interference is called for by this court in the present appeal at this stage, keeping in view the fact that the matter has merely been remanded back to the Commissioner of Income-tax (Appeals) for decision afresh. The issue sought to be raised by the assessee has not been decided by the Tribunal on the merits. The apprehension of the assessee that the Commissioner of Income-tax (Appeals) will be prejudiced by the observations made by the Tribunal while deciding the case afresh is totally baseless for the reason that the Commissioner of Income-tax (Appeals) is bound by law while considering the case in remand. The fact remains that when the case is remanded back by the Tribunal to the Commissioner of Income-tax (Appeals) for consideration on the merits after affording opportunity of hearing to the parties, no issue as such is decided finally in favour or against any of the parties and in such a situation, no question of law, much less a substantial question of law would arise out of such an order passed by the Tribunal. No substantial question of law arising in the said appeals.

Summary

Issues:
- Interpretation of section 145(2) of the Income-tax Act, 1961
- Justification of remanding the case back to the Commissioner of Income-tax (Appeals)
- Prejudice to the Commissioner of Income-tax (Appeals) due to Tribunal's observations
- Requirement of substantial question of law for interference by the court

Interpretation of section 145(2) of the Income-tax Act, 1961:
The judgment dealt with the interpretation of section 145(2) of the Income-tax Act, 1961, in the context of an appeal filed against the order of the Income-tax Appellate Tribunal. The appellant raised substantial questions of law regarding the Tribunal's invocation of section 145(2) and its decision-making process. The Tribunal remanded the matter back to the Commissioner of Income-tax (Appeals), leading to a dispute over whether the issue should have been decided by the Tribunal itself. The court emphasized that the Tribunal's remand did not prejudice the Commissioner of Income-tax (Appeals) as he is bound by law in reconsidering the case. Reference was made to a case from the Allahabad High Court to highlight that no substantial question of law arises when a case is remanded for fresh consideration without a final decision on the merits.

Justification of remanding the case back to the Commissioner of Income-tax (Appeals):
The judgment analyzed the justification behind remanding the case back to the Commissioner of Income-tax (Appeals) instead of the Tribunal making a decision on the issue. The appellant argued that the Tribunal's observations during the remand could prejudice the Commissioner of Income-tax (Appeals). However, the court held that the Commissioner of Income-tax (Appeals) is obligated to follow the law while reconsidering the case, and no substantial question of law arises when a case is remanded for fresh consideration without a definitive decision on the merits.

Prejudice to the Commissioner of Income-tax (Appeals) due to Tribunal's observations:
The issue of potential prejudice to the Commissioner of Income-tax (Appeals) due to the Tribunal's observations was raised in the judgment. The appellant expressed concerns that the Tribunal's remarks could impact the fresh decision-making process by the Commissioner of Income-tax (Appeals). However, the court dismissed these concerns, stating that the Commissioner of Income-tax (Appeals) is legally bound to consider the case based on the law, and any apprehension of prejudice is unfounded.

Requirement of substantial question of law for interference by the court:
The judgment discussed the requirement of a substantial question of law for the court to interfere in matters related to the Income-tax Act, 1961. It highlighted that when a case is remanded back to the Commissioner of Income-tax (Appeals) for fresh consideration without a final decision on the merits, no substantial question of law arises. The court referred to the stringent requirements under section 260A of the Income-tax Act, emphasizing that interference by the court is warranted only when a substantial question of law emerges from the Tribunal's order.

In conclusion, the court dismissed the appeals, stating that no substantial question of law arose from the Tribunal's order remanding the case back to the Commissioner of Income-tax (Appeals) for fresh consideration.