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2019 (8) TMI 1789 - HC - Income TaxAssessment u/s.153C - Proof of incriminating material found during the course of search - Tribunal holding that in the cases where total income has already been assessed, the assessment u/s. 153C of the Income Tax Act, 1961 would be made only on the basis of incriminating material found during the course of search - HELD THAT - The impugned order of the Tribunal allowed the Respondent-Assessee s appeal on the above issue by following the decision of this Court in Allcargo Global Logistics Ltd., 2015 (5) TMI 656 - BOMBAY HIGH COURT In view of the fact that the impugned order of the Tribunal has followed the binding decision of this Court, no substantial question of law arises from the impugned order. Thus, not entertained.
Issues:
Challenge to order of Income Tax Appellate Tribunal under Section 260A of the Income Tax Act, 1961 for Assessment Year 2008-09. Analysis: The High Court of Bombay heard an appeal challenging the order dated 28th June, 2016 passed by the Income Tax Appellate Tribunal (the Tribunal) for Assessment Year 2008-09. The main question of law raised by the Revenue was regarding the interpretation of Section 153C of the Income Tax Act, 1961. The Revenue questioned whether the Tribunal was correct in holding that assessment under Section 153C should be based only on incriminating material found during a search, rather than assessing or reassessing the total income of six years preceding the year of the search. The impugned order of the Tribunal favored the Respondent-Assessee, citing a previous decision of the High Court in Allcargo Global Logistics Ltd. v/s. CIT 374 ITR 645. The High Court noted that since the impugned order of the Tribunal had followed a binding decision of the High Court, there was no substantial question of law arising from the order. Therefore, the appeal was dismissed. The Court emphasized that when a lower tribunal decision aligns with a previous binding decision of the High Court, no further legal issues are entertained. Consequently, the appeal challenging the Tribunal's order was rejected by the High Court of Bombay.
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