2016 (7) TMI 1441 - AT - Income Tax

Dismissal of Revenue s appeal by Tribunal on the ground that the Revenue had not come in appeal for the Assessment Years 2005-06 & 2007-08 - Held that - The Revenue has not been able to point out any specific error which is apparent from the record in respect of order of the Tribunal. In fact the Revenue in MA has admitted that it has not been filed any appeal for the Assessment Years 2005-06 & 2007-08. Once the closing balance for the Assessment Years 2005-06 & 2007-08 are accepted then obviously the opening balance for the immediately succeeding Assessment Years cannot be tinkered with. In these circumstances as no error has been pointed out in the order of the Tribunal the MA filed by the Revenue stands dismissed.

Summary

Issues:
1. Recall of Tribunal order due to low tax effect for Assessment Years 2005-06 & 2007-08.

Analysis:
The judgment pertains to a Misc. Application filed by the Revenue challenging the Tribunal's order in ITA No. 184 to 186/PNJ/2014. The Departmental Representative argued that the Tribunal had dismissed the Revenue's appeal for the Assessment Years 2005-06 & 2007-08 due to low tax effect, even though the decision was not acceptable in principle. The Authorized Representative of the assessee supported the Tribunal's order. The Tribunal found that the Revenue failed to point out any specific error in the Tribunal's order. The Revenue admitted to not filing any appeal for the mentioned Assessment Years. The Tribunal emphasized that once the closing balance for those years is accepted, the opening balance for the succeeding years cannot be altered. Consequently, as no error was identified in the Tribunal's order, the Misc. Application filed by the Revenue was dismissed. The judgment was pronounced on July 22, 2016, in Goa.

This judgment highlights the importance of challenging tribunal orders based on specific errors rather than tax effect alone. It underscores the principle that once balances for specific assessment years are accepted, subsequent years' balances cannot be modified. The judgment serves as a reminder for parties to thoroughly assess the grounds for appeal and ensure that errors in the tribunal's decision are clearly identified and substantiated.