2010 (11) TMI 49 - HC - Income Tax

Imposition of additional tax - when there is a loss as per the return filed - no tax is payable as per assessment order and hence is legally sustainable - issue is covered against the assessee by judgment of the Hon ble Supreme Court in ACIT v. J.K. Synthetics Ltd. (2001 -TMI - 6033 - SUPREME Court) Appeal is dismissed.

Summary

Issues:
Appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 1989-90 raising substantial questions of law.

Analysis:
The appellant filed an appeal under Section 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal for the assessment year 1989-90. The appellant raised several substantial questions of law for consideration by the court. The first issue questioned the legal sustainability of certain annexures in the case. The second issue pertained to the imposition of additional tax despite a reported loss and no tax payable as per the assessment order. The third issue raised concerns about the retrospective amendment of the law and the imposition of additional tax based on such amendments. The fourth issue challenged the sustainability of the additional tax imposition based on the return filed and the law as it stood on that date. The fifth issue questioned the confirmation of the additional tax imposition despite a specific mandate from the Hon'ble Supreme Court in a previous case. The appellant's counsel acknowledged that the issue was not in favor of the appellant based on a judgment of the Hon'ble Supreme Court in a different case.

The court, after considering the arguments presented, dismissed the appeal. The dismissal indicates that the court found the issues raised by the appellant to be not sustainable based on the legal precedents and existing judgments. The decision to dismiss the appeal implies that the court did not find merit in the appellant's contentions regarding the legality and sustainability of the tax impositions and related matters. The reference to the judgment of the Hon'ble Supreme Court in a different case, where the issue was found against the appellant, played a crucial role in the court's decision to dismiss the appeal. Overall, the judgment reflects a thorough consideration of the legal aspects and precedents relevant to the issues raised by the appellant, leading to the ultimate decision to reject the appeal.