2019 (9) TMI 57 - HC - Income Tax

Validity of order of ITAT rejecting the application of assessee - Whether the finding of the ITAT that the assessee under garb of the present application is trying to agitate a new ground which was not before the Ld. CIT(A) is perverse and contrary to record - Assessment u/s 153C - HELD THAT - the assessee had raised an issue regarding consideration of certain documents which had never been seized from the assessee but were considered by the authorities. It is also evident from a perusal of the order of the CIT(A) and the application filed under Rule 27 of the Rules that these grounds were sought to be raised by the appellant before the Tribunal. We are of the considered opinion that the impugned order passed by the Tribunal suffers from perversity, as the Tribunal without considering the aforesaid issues has dismissed the application filed by the appellant under Rule 27 of the Rules by merely stating that the counsel for the assessee could not point out the grounds that were decided against him. More so, when the grounds raised by the appellant were manifestly apparent from the order passed by the CIT(A). Decided in favor of assessee - Matter restored before ITAT.

Summary

Issues:
1. Maintainability of appeals under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal.
2. Substantial question of law regarding the validity of proceedings under section 153C raised before the ITAT.

Issue 1: Maintainability of Appeals
The High Court addressed the objection raised by the respondent regarding the maintainability of the appeals under Section 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The Court referred to the decision of the Supreme Court in the case of Raj Kumar Shivhare vs. Assistant Director, Directorate of Enforcement, where it was held that the provision allowing for appeal encompasses all orders passed by the Appellate Authority. The Court emphasized that a litigant cannot be denied the right to appeal unless a substantial question of law arises for adjudication from the order in appeal. Consequently, the objection regarding maintainability was rejected, and the appeals were deemed maintainable.

Issue 2: Substantial Question of Law
The Court identified a substantial question of law for adjudication in the appeals, which revolved around the finding of the ITAT regarding the assessee attempting to raise a new ground not presented before the CIT(A). The appellant contended that the CIT(A) had drawn an adverse inference under Section 153-C of the Act based on papers seized from individuals other than the assessee. The appellant had specifically mentioned in the application under Rule 27 of the Rules that they intended to challenge the findings on certain grounds decided against them by the CIT(A). The Court noted that the grounds raised by the appellant were evident from the CIT(A) order and the application under Rule 27. The respondent argued that since the appellant did not specifically point out the grounds decided against them during arguments, the Tribunal's rejection of the application was justified. However, the Court found that the Tribunal's order lacked consideration of the issues raised by the appellant and was therefore deemed perverse. Consequently, the Court set aside the Tribunal's order and remitted the matter back for a detailed decision on the application under Rule 27 filed by the appellants.

In conclusion, the High Court allowed and disposed of the appeals, emphasizing the importance of considering all grounds raised by the appellant and ensuring a fair adjudication process in tax matters.