1986 (10) TMI 82 - AT - Income Tax

Summary

Issues:
1. Review of Tribunal order under section 254(2) of the Income-tax Act, 1961.
2. Alleged omission of facts and cases by the Tribunal in the order.
3. Validity of the Tribunal's decision in rejecting the appeal.

Detailed Analysis:

Issue 1: The assessee filed a miscellaneous petition under section 254(2) of the Income-tax Act, 1961 seeking a review of the Tribunal's order related to IT Appeal Nos. 5533 to 5535 of 1984 for the assessment years 1980-81 to 1982-83. The petition was based on the grounds that the appeal before the Appellate Commissioner was withdrawn due to a mistaken impression of law arising from a decision of the Special Bench of the Tribunal. The dismissal of a special leave petition by the Supreme Court was also cited as a reason for seeking a review.

Issue 2: The assessee contended that the Tribunal's order suffered from inherent inadvertence and deficiencies as it did not mention crucial facts and failed to discuss cases cited during the hearing. The assessee argued that the omission of these details rendered the Tribunal's order perverse and invalid, requesting a recall of the order based on these grounds.

Issue 3: The Tribunal, after careful consideration, found that the assessee had voluntarily withdrawn certain grounds before the Commissioner (Appeals) and chose not to press for those appeals. The Tribunal rejected the assessee's claim for remand based on the dismissal of a special leave petition by the Supreme Court in another case. The Tribunal held that the dismissal did not imply a decision in favor of the assessee and dismissed the appeals. The Tribunal concluded that there was no justification to recall the order based on the facts presented and the arguments made by the assessee's counsel.

In summary, the Tribunal dismissed the assessee's miscellaneous petition seeking a review of its order under section 254(2) of the Income-tax Act, 1961. The Tribunal found that the assessee had voluntarily withdrawn certain grounds before the Commissioner (Appeals) and did not press for those appeals, leading to the rejection of the appeals. The dismissal of a special leave petition by the Supreme Court in another case did not warrant a recall of the Tribunal's order, as it did not settle the law on the issue in question. The Tribunal held that the assessee's method of seeking relief through the appellate proceedings was not appropriate, and therefore, the miscellaneous application was dismissed.