2016 (9) TMI 1438 - 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:
Appeal against Tribunal order for Assessment Years 2006-07, 2008-09 & 2010-11; Dismissal of Revenue's Misc. Application against Tribunal order in ITA No. 413/PNJ/2014.

Analysis:
The judgment pertains to a Misc. Application filed by the Revenue challenging the Tribunal's order in ITA No. 413/PNJ/2014, dated 18/06/2015. The Departmental Representative highlighted that a previous Misc. Application against the Tribunal's decision for Assessment Years 2006-07, 2008-09 & 2010-11 was dismissed as no error was identified. The Tribunal's decision was based on the acceptance of closing balances for specific years, leading to the conclusion that opening balances for subsequent years could not be altered. Consequently, the Revenue failed to demonstrate any specific error in the Tribunal's order in the present case, resulting in the dismissal of the Misc. Application.

The representation by Shri Pramod Vaidya, Advocate for the assessee, and Shri Ramesh S. Mutagar, Departmental Representative for the Revenue, indicates the legal positions of both parties in the proceedings. The Tribunal's rationale for rejecting the Revenue's Misc. Application was grounded in the principle that if closing balances for certain years were accepted, the opening balances for subsequent years should remain unchanged. This legal reasoning formed the basis for the dismissal of the Revenue's challenge against the Tribunal's decision in ITA No. 413/PNJ/2014, dated 18/06/2015.

In conclusion, the Misc. Application filed by the Revenue was dismissed by the Tribunal, as the Revenue failed to identify any specific error in the Tribunal's order for the relevant Assessment Years. The judgment was pronounced at the conclusion of the hearing on September 16, 2016, in Goa. The legal representatives for both parties played crucial roles in presenting their arguments, leading to the Tribunal's decision to uphold its original order in the face of the Revenue's challenge.