1997 (6) TMI 20 - HC - Income Tax

Summary

Issues Involved:
1. Whether the Tribunal erred in dismissing the appeal based on an alleged concession by the petitioner's counsel.
2. Whether the Tribunal failed to consider all contentions and evidence presented by the petitioner.
3. Whether the Tribunal's order contained a patent mistake that warranted correction under section 254(2) of the Income-tax Act, 1961.
4. The validity of the Tribunal's decision-making process, particularly the reliance on the jurisdictional High Court's decision in V. V. Trans-Investments (P.) Ltd. v. CIT.

Issue-wise Detailed Analysis:

1. Alleged Concession by Petitioner's Counsel:
The petitioner-company contended that the Tribunal committed a grave error by dismissing the appeal on the ground that the petitioner's counsel admitted the issue was covered by the judgment in V. V. Trans-Investments (P.) Ltd. v. CIT. The petitioner argued that this was untrue and that the counsel had distinguished the case on its merits and cited other decisions. However, the Tribunal's order indicated that the appeal was not disposed of solely on the basis of the concession but also after considering the records and finding that the issue was covered by the jurisdictional High Court's decision. The court emphasized that even if there was a misstatement regarding the concession, it was not fatal to the decision.

2. Consideration of All Contentions and Evidence:
The petitioner argued that the Tribunal failed to consider all the contentions and evidence presented. The Tribunal, however, found that it had reviewed the records and determined that the issue was covered by the jurisdictional High Court's decision. The court noted that the statement of facts filed with the appeal before the Tribunal indicated that the appeal was filed to keep the matter alive for any favorable Supreme Court decision. The court held that the Tribunal's decision on this factual question was within its purview and did not warrant interference.

3. Patent Mistake Under Section 254(2):
The petitioner claimed that the Tribunal's order contained a patent mistake, as it did not refer to the submissions of the petitioner's counsel or discuss the decisions cited. The Tribunal dismissed the miscellaneous petition, stating that there was no mistake apparent on the face of the order and that it could not review its order under section 254(2). The court supported this view, indicating that the Tribunal's decision-making process did not suffer from any apparent mistake that would justify correction under section 254(2).

4. Reliance on Jurisdictional High Court's Decision:
The Tribunal's reliance on the jurisdictional High Court's decision in V. V. Trans-Investments (P.) Ltd. v. CIT was a key point of contention. The court noted that the Tribunal had no choice but to follow the binding decision of the jurisdictional High Court. The court also referenced several precedents affirming that a judge's statement regarding what transpired in court is conclusive and cannot be controverted by affidavits or other means. The court emphasized that judicial officers' statements are generally presumed correct and should not be challenged without compelling evidence.

Conclusion:
The court concluded that there was no ground to interfere with the Tribunal's order. The writ petition was dismissed at the admission stage, affirming the Tribunal's decision and the process it followed. The court underscored the principle that statements made by judicial officers regarding court proceedings are conclusive and should be accepted as true unless there is substantial evidence to the contrary.