2017 (4) TMI 62 - HC - Income Tax

Maintainability of appeal - monetary limit - Held that - There is no case made out by the department under Section 260 A of the Income Tax Act to admit the appeal for final hearing. There is no perversity pointed out and/or referred. The conclusions so drawn by the Higher Authorities based upon the material available on record and it is well within the framework of law. This is not the case where the question of fact can be treated and convert as question of law for want of additional material and/or material on record. After hearing the parties and after going through the reasons given by the Appellate Authorities and the conclusions so drawn cannot be stated to be adverse and/or contrary to the record and/or law. The Tribunal s orders and the conclusions, so drawn, could not be stated to suffer from any legal infirmities. It is also settled that timely Circulars issued by the CBDT under the provisions of the Income Tax Act, required to be kept in mind while entertaing/admitting and/or deciding the appeal. The reasons, therefore, so given referring to those Circulars have been kept in mind while passing this order as on merits also we have noted that there is no substantial question of law involved or arose. Therefore, there is no occasion to frame or re-frame any additional question of law for the reason above recorded. We are dismissing the appeal at the admission stage itself. In view of the above, we are inclined to observe that there is no substantial point for determination involved. There is no non-application of mind. The concurrent finding reflects the position on facts in the case in hand. There was no question to file the revised return on facts.

Issues Involved:

1. Justification of the Tribunal's reliance on a previous order.
2. Application of mind in the Tribunal's order.
3. Deletion of under-valuation of closing stock without a revised return.
4. Consistency with Supreme Court judgments.

Issue-wise Detailed Analysis:

1. Justification of the Tribunal's reliance on a previous order:

The appellant contended whether the Tribunal was justified in upholding the order of the Commissioner of Income Tax (Appeals) (CIT(A)) by relying on a previous order (ITA No.29/PNJ/2008 for assessment year 2004-05) without discussing and considering the facts and applicability to the present case. The High Court noted that the Tribunal had followed a consistent method of accounting used by the assessee over the years and found no reason to deviate from the established practice. The Tribunal's decision to uphold the CIT(A)'s order was deemed appropriate as it was based on a consistent method of accounting that had not been challenged in previous years.

2. Application of mind in the Tribunal's order:

The appellant questioned whether the Tribunal's order was sustainable as it allegedly lacked application of mind and did not provide reasons while dismissing the revenue's appeal. The High Court observed that the Tribunal had indeed considered the relevant facts and circumstances and provided adequate reasons for its decision. The Tribunal's reliance on the previous order was justified, and the High Court found no merit in the appellant's claim of non-application of mind.

3. Deletion of under-valuation of closing stock without a revised return:

The appellant challenged the deletion of under-valuation of closing stock on the grounds that the assessee did not file a revised return under Section 139(5) during the pendency of reassessment proceedings initiated under Section 148 of the Act. The High Court noted that the CIT(A) and the Tribunal had both considered the facts and evidence presented by the assessee and found that the addition made by the Assessing Officer (AO) was not justified. The Tribunal had directed the AO to delete the addition, and the High Court upheld this decision, finding no reason to interfere with the concurrent findings of the appellate authorities.

4. Consistency with Supreme Court judgments:

The appellant argued that the Tribunal's order was contrary to the law declared by the Supreme Court in several judgments, including ALA Firm Vs. CIT, CIT Vs. British Paints India Ltd., and Goetze India Ltd. Vs. CIT. The High Court examined these judgments and found that the Tribunal's decision was consistent with the principles laid down by the Supreme Court. The High Court emphasized that the Tribunal had followed the correct procedure and considered all relevant facts and evidence before arriving at its decision.

Additional Considerations:

The High Court also addressed a preliminary objection raised by the respondent based on Circulars issued by the Central Board of Direct Taxes (CBDT), which aimed to reduce litigation by setting monetary limits for filing appeals. The High Court noted that the tax effect in the present case exceeded the monetary limits specified in the Circulars, and therefore, the appeal was considered on its merits.

Conclusion:

The High Court found no substantial question of law involved in the appeal and upheld the concurrent findings of the CIT(A) and the Tribunal. The appeal was dismissed at the admission stage, with no costs awarded. The High Court emphasized the importance of adhering to consistent accounting methods and the necessity of providing adequate reasons in judicial orders. The decision reinforced the principle that appellate authorities' findings should not be interfered with unless there is a clear legal infirmity or perversity in the conclusions drawn.

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