2019 (1) TMI 1666 - HC - Income Tax

Deduction claimed by the assessee on account of premium paid for the accountant risked policy premium was on correct principle - Whether the order of the tribunal rejecting such claim based on correct principles of law ? - Whether action of the revenue was barred by law ? - HELD THAT - Appeal admitted on substantial question of law above Since the respondent is represented by learned Counsel, service and issuance of notice of the appeal is dispensed with. Learned advocate-on-record for the appellant is directed to file informal papers book by 22nd February, 2019, serving a copy thereof upon the advocate-on-record for the respondent not later than seven days before the date of hearing of the appeal. All other formalities are dispensed with. List this appeal on 14th March, 2019.

Summary

Issues:
1. Delay in filing the appeal and condonation of the same.
2. Admission of appeal under Section 260A of the Income Tax Act, 1961.
3. Substantial questions of law regarding deduction claimed for accountant risked policy premium.
4. Dispensation of service and issuance of notice.
5. Direction for filing informal papers book and scheduling the appeal hearing.

Analysis:

1. The judgment addresses the issue of delay in filing the appeal in GA No. 2801 of 2018. The court acknowledges that sufficient cause has been shown, and therefore, the delay is condoned. A directive is issued to the department to register the appeal promptly, ultimately allowing GA No. 2801 of 2018.

2. Moving on to GA No. 2802 of 2018 and ITAT No. 272 of 2018, the court deals with the admission of an appeal under Section 260A of the Income Tax Act, 1961. The appeal is admitted based on substantial questions of law raised by the petitioner. These questions revolve around the correctness of the deduction claimed for the accountant risked policy premium, the validity of the tribunal's order rejecting the claim, and whether the revenue's actions were legally permissible.

3. The judgment further addresses the procedural aspect of dispensing with the service and issuance of notice since the respondent is represented by counsel. The advocate-on-record for the appellant is directed to file an informal papers book by a specified date, with a copy served to the respondent's advocate-on-record before the appeal hearing. All other formalities are waived, and the appeal is scheduled for a specific date.

4. Lastly, the judgment disposes of the stay application (GA No. 2802 of 2018) in accordance with the proceedings. It is emphasized that a certified photocopy of the order will be provided to the parties upon compliance with necessary formalities, ensuring transparency and adherence to due process.

In conclusion, the judgment meticulously addresses various legal issues concerning the appeals, procedural requirements, and the dispensation of certain formalities while ensuring fairness and compliance with the law.