2013 (7) TMI 485 - HC - Income Tax

Claim pertaining to liquidated damages - Tribunal passed contradictory orders - Held that - Income Tax Appellate Tribunal has recorded two different findings in respect of claim - impugned order set aside and remitted back to the Income Tax Appellate Tribunal, Delhi Bench B , Delhi, for adjudication afresh and in accordance with law - Decided in favour of Revenue.

Summary

Issues:
Challenges to orders passed by the Income Tax Appellate Tribunal regarding liquidated damages claimed by the assessee-respondent.

Analysis:
The revenue challenged the correctness of the orders passed by the Income Tax Appellate Tribunal, Delhi Bench 'B', Delhi, on the ground that the orders passed by the Assessing Officer and the Commissioner of Income Tax (Appeals) were set aside by passing two contradictory orders regarding the liquidated damages claimed by the assessee-respondent. The Tribunal directed the Assessing Officer to allow the liabilities for the year under consideration and withdraw the deduction allowed in subsequent years, emphasizing the need to verify the payment status of the outstanding amount. The Tribunal recorded two different findings related to the claim of liquidated damages, prompting the counsel for the assessee to concede the Tribunal's error and express no objection to remitting the matter for fresh adjudication.

The High Court, after hearing the counsels and examining the impugned order and contradictory findings, allowed the appeal, set aside the impugned order, and remitted the matter back to the Income Tax Appellate Tribunal for fresh adjudication in accordance with the law. The High Court left the question of law open for adjudication as and when required, based on the statement made by the counsel for the respondent. The judgment focused on rectifying the errors in the Tribunal's findings and ensuring a fair and lawful adjudication process regarding the liquidated damages claimed by the assessee-respondent. The High Court's decision aimed to uphold the principles of justice and proper legal procedures in resolving the issues raised by the revenue regarding the Tribunal's contradictory orders.