1987 (10) TMI 34 - HC - Income Tax

Summary

Issues:
- Appeal against order of assessment
- Exemption from provisions of section 249(4) of the Income-tax Act
- Maintainability of appeal before the Tribunal
- Jurisdiction of the Tribunal in reversing orders

Analysis:
The judgment pertains to an appeal filed by an assessee against an order of assessment for the assessment year 1976-77 before the Commissioner of Income-tax (Appeals) seeking exemption from the provisions of section 249(4) of the Income-tax Act, 1961. The assessee's application for exemption was not granted by the Commissioner, leading to the dismissal of the appeal. Subsequently, the Income-tax Appellate Tribunal allowed the appeal and remanded the matter back to the Commissioner for fresh disposal. The Commissioner then sought to refer two questions to the High Court regarding the Tribunal's decision. The High Court examined the maintainability of the appeal before the Tribunal, emphasizing the applicability of a Supreme Court decision in a similar context. The Court held that the order passed by the Commissioner of Income-tax (Appeals) was akin to an order under section 250 of the Act, making the appeal before the Tribunal maintainable.

Regarding the second question raised by the Commissioner, the High Court opined that once the appeal before the Tribunal was deemed maintainable, the Tribunal had the authority to not only reverse the Commissioner's order but also exercise jurisdiction as per the proviso to sub-section (4) of section 249 of the Act. The Court emphasized that the Tribunal could perform functions similar to those of the Commissioner of Income-tax under the said provision. Consequently, the High Court dismissed the application made by the Commissioner, concluding that there was no merit in the request. The Court also decided not to award any costs in this matter.