9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 143 - HC - Income TaxAcquisition of agricultural lands acquired by the Haryana Urban Development Authority (HUDA) - appellant received enhanced compensation and interest - ITAT enhanced compensation again in the status of individual even when the return was filed in the status of HUF - Held that - After hearing learned counsel for the parties, we find that the issue arising in this appeal raises mixed question of law and fact and, therefore, it is required to be remanded to the Tribunal to decide afresh in view of the submissions made hereinbefore. Accordingly, the impugned order dated 12.12.2008 (Annexure A-11) passed by the Tribunal is set aside and the matter is remitted to the Tribunal to adjudicate the same afresh after hearing learned counsel for the parties and by passing a speaking order in accordance with law. The appeal stands disposed of.
Issues:
1. Validity of notice under Section 143(2) 2. Admission of additional grounds by CIT(A) 3. Ignoring previous judgment of a coordinate Bench 4. Legality of reversing CIT(A) order 5. Misdirection by the Tribunal 6. Perversity of the impugned order Issue 1: Validity of notice under Section 143(2) The appellant challenged the assessment order passed by the Income Tax Appellate Tribunal, Delhi Bench "G" for the assessment year 2000-01. The appellant contended that the CIT(A) should have entertained the grounds regarding the validity of the notice under Section 143(2) issued to the appellant, which was time-barred. The Tribunal's decision was questioned, arguing that the assessment framed in the status of 'Individual' was null and void as per law. The appellant raised substantial questions of law concerning the legality of the Tribunal's view on this matter. Issue 2: Admission of additional grounds by CIT(A) Another issue raised in the appeal was whether the CIT(A) should have admitted additional grounds, especially when the assessment framed in the status of 'Individual' was considered null and void. The appellant contested the Tribunal's decision on this matter, arguing that the CIT(A) should have considered the grounds related to the incorrect status of assessment. Issue 3: Ignoring previous judgment of a coordinate Bench The appellant also questioned the Tribunal's decision to ignore a judgment of a coordinate Bench in a similar case for the assessment year 2001-02. The appellant argued that the Tribunal should have considered the precedent set by the previous judgment, which admitted a ground regarding assessment being framed in the wrong status. Issue 4: Legality of reversing CIT(A) order The legality of the Tribunal's decision to reverse the order of the CIT(A) was also challenged by the appellant. It was argued that the assessment order passed under Section 143(3) was deemed bad in law due to the time-barred notice under Section 143(2). The appellant contended that the Tribunal erred in reversing the CIT(A) order based on irrelevant findings. Issue 5: Misdirection by the Tribunal The appellant further alleged that the Tribunal misdirected itself in law and on facts while reaching its conclusion, which led to the reversal of the CIT(A) order. The appellant claimed that the Tribunal's decision was based on irrelevant findings and did not apply correct legal principles to the factual position emerging from the record. Issue 6: Perversity of the impugned order Lastly, the appellant argued that the impugned order passed by the Tribunal was perverse, contrary to judicial discipline, and lacked institutional integrity. The appellant contended that the Tribunal failed to apply the correct principles of law to the factual position presented in the case. In conclusion, the High Court set aside the impugned order passed by the Tribunal and remitted the matter back for fresh adjudication, emphasizing the need for a speaking order in accordance with law after hearing both parties.
|
