9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (5) TMI 178 - HC - Income TaxNon filing of an appeal against an earlier order CIT(A) earlier impact revenue tried to justify the non filing of appeal in respect of the assessment year 2002-03 on the ground that the amount involved was less than two lakhs and therefore no appeal was preferred Held that - Had that been the legal position then there was bound to be a decision on record showing the reasons of non filing of appeal in respect of assessment year 2002-03. If the reason of non filing of appeal was monetary limit, then there was no difficulty in producing on record the decision to that effect. Moreover, there was no necessity of seeking explanation of the Assessing Officer for not preferring an appeal against the order of the CIT(A) dated 31.3.2006 - the appeal has not been filed by the Revenue for reasons other than the monetary limits revenue appeal dismissed.
Issues:
- Disposal of ITA Nos. 672 to 674 of 2010 by the Tribunal. - Assessment years 2003-04, 2004-05, and 2005-06 for M/s Sahota Commercial Complex. - Classification of lease income as 'business income'. - Non-filing of appeal by Revenue for assessment year 2002-03. - Justification for not filing appeal based on monetary limits. - Lack of evidence supporting the justification for not filing appeal. - Consistency principle applied by the Tribunal. - Legal position regarding the non-filing of appeal. Analysis: The High Court of PUNJAB & HARYANA heard the case involving the disposal of ITA Nos. 672 to 674 of 2010, which were collectively decided by the Income Tax Appellate Tribunal. The subject matter of challenge pertained to the assessment years 2003-04, 2004-05, and 2005-06 for M/s Sahota Commercial Complex. The Tribunal based its decision on the classification of the lease income of the assessee as 'business income', following a previous order by the CIT(A) for the assessment year 2002-03. The Revenue did not file an appeal against the CIT(A) order for 2002-03, which had become final. The Tribunal cited the principle of consistency in its decision, referring to judgments of the Supreme Court in similar cases. During the proceedings, the Revenue attempted to justify the non-filing of the appeal for the assessment year 2002-03 on the grounds of the monetary limit involved. However, the court found this argument lacking merit due to the absence of evidence supporting this claim. The judges noted that if the monetary limit was indeed the reason for not filing the appeal, there should have been a documented decision to that effect. Moreover, the court highlighted that there was no need to seek an explanation from the Assessing Officer regarding the non-filing of the appeal. Consequently, the court concluded that the appeal was not filed by the Revenue for reasons other than monetary limits, leading to the dismissal of the appeals. The court emphasized that no legal question, let alone a substantive one, arose for determination, thus denying admission to the appeals. In the final order, the court directed a copy of the judgment to be included in the record of connected appeals, officially dismissing the appeals. The judgment was delivered by HON'BLE MR. JUSTICE M.M. KUMAR and HON'BLE MR. JUSTICE JITENDRA CHAUHAN on 10.5.2010.
|
