2018 (9) TMI 155 - HC - Income Tax

Rectification application - Held that - In view of the pending rectification application at the request of the Appellant the appeal was adjourned to 9th July 2018. Incidentally in the above letter dated 18th June 2018 addressed to the Registry of the Tribunal the next date being of 9th July 2018 is not mentioned. It appears that the Appellant is not serious about prosecuting its application before the Tribunal. At the request of Mr. Jasani we give one more opportunity to have the rectification application before the Tribunal disposed of before the next date. In the absence of an order from the Tribunal before the next date we would be constrained to decide the Appeal Memo on the basis of the challenge contained herein. No further adjournment on this ground would be granted.

Summary

Issues:
1. Challenge to the order of the Income Tax Appellate Tribunal dated 1.4.2015 for Assessment Years 2002-03, 2003-04, and 2005-06.
2. Justification of the Tribunal's decision to restore the matter to the Assessing Officer.
3. Delay in filing an application for rectification of the impugned order.
4. Seriousness of the Appellant in prosecuting its application before the Tribunal.

Analysis:

1. The Appeals under Section 260A of the Income Tax Act, 1961 challenged the order dated 1.4.2015 passed by the Income Tax Appellate Tribunal concerning Assessment Years 2002-03, 2003-04, and 2005-06. The primary issue raised by the Appellant was whether the Tribunal was justified in sending the matter back to the Assessing Officer despite having all the necessary material to make a decision on the dispute between the parties.

2. The Appellant, represented by Mr. Jasani, sought adjournments on multiple occasions to file an application for rectification of the impugned order. The Appellant's counsel requested time to address the matter, indicating an intention to rectify the order dated 1.4.2015. However, discrepancies arose regarding the timeline and seriousness of the Appellant's efforts to pursue the rectification application before the Tribunal.

3. Despite the Appellant's claims of addressing a letter to the Registry seeking listing of the rectification application, discrepancies were noted in the communication. The Court expressed concerns about the Appellant's commitment to prosecuting the application before the Tribunal. In response to these concerns, the Court granted one final opportunity to the Appellant to have the rectification application disposed of before the next hearing date.

4. Emphasizing the importance of timely resolution, the Court warned that if no order was received from the Tribunal by the specified date, the Court would proceed to decide the Appeal Memo based on the existing challenge. The Court made it clear that no further adjournments would be granted on the grounds related to the rectification application. The matter was adjourned for a final time, providing the Appellant with a last chance to address the rectification application before the next scheduled hearing on 6th August, 2018.