2013 (11) TMI 481 - HC - Income Tax

Limitation - Jurisdiction of ITAT to dismiss the appeal of the department on the ground that the learned Single Judge had already held that block assessment was barred by limitation against which Writ Appeal was already filed and was pending Held that - In respect of the very same assessee by order dated 24.09.2013 in W.A.No.874 of 2011, this Court had already considered the Revenue s appeal, as against the order passed by the learned Single Judge in allowing the writ petition by observing that the block assessment was not barred by limitation and hence within jurisdiction - Matter is restored back to the file of the Tribunal for the purpose of considering the case of the assessee on merits other than the question of limitation

Summary

Issues:
1. Block assessment years 1997-1998 to 2002-2003 and part of 2003-2004
2. Dismissal of the appeal by the Income Tax Appellate Tribunal
3. Consideration of Writ Appeal No. 874 of 2011 and its impact on the Tribunal's decision

Analysis:
1. The High Court addressed the questions of law raised by the Revenue regarding the dismissal of their appeal by the Income Tax Appellate Tribunal. The Tribunal had based its decision on the belief that a block assessment was barred by limitation, referencing a previous judgment by a Single Judge. The Court noted that a Writ Appeal (W.A.No.874 of 2011) had already been admitted and stayed the Single Judge's order, allowing the Revenue's appeal and establishing that the block assessment was not time-barred.

2. The Court highlighted that the present appeal stemmed from the consequential assessment orders following the decision on the block assessment's limitation. The Income Tax Appellate Tribunal had canceled the block assessment as time-barred, a decision that the High Court found necessary to overturn based on the previous judgment allowing the Revenue's appeal.

3. Given the Court's previous ruling in W.A.No.874 of 2011, the High Court set aside the Income Tax Appellate Tribunal's order and remitted the matter back to the Tribunal for a fresh consideration on the merits of the case, excluding the aspect of limitation. The Court emphasized that the Tribunal should now focus on evaluating the case on its substantive merits rather than solely on the question of limitation.

4. Ultimately, the High Court disposed of the Tax Case (Appeal) by providing clear directions for the Tribunal's reconsideration, emphasizing the need to assess the case comprehensively beyond the limitation issue. The Court concluded the judgment by stating that no costs were awarded in this matter.