9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 201 - HC - Income TaxRevision u/s 263 - Restoring the matter back to Tribunal - Order of assessment passed found erroneous in so far as it was prejudicial to interest of revenue - held that - The Assessing Officer has not done the mistake but it has been committed by the Tribunal of not giving the reasons for maintaining the order of the Commissioner of Income Tax, which has been impugned before the Tribunal. - Appeal is allowed and Case remanded back to the Tribunal.
Issues:
Whether the Tribunal exceeded its jurisdiction in restoring the matter back to the Assessing Officer for denovo assessment after the Commissioner of Income Tax's order under Section 263 of the Income Tax Act was held to be unsustainable in law. Analysis: The appellant argued that the Commissioner of Income Tax set aside the assessment order, but the Tribunal held that the Commissioner could not have done so based on the way the assessment was conducted. Despite this, the Tribunal directed the Assessing Officer to proceed with denovo assessment without providing reasons. The appellant contended that the Tribunal should not have dismissed the appeal if it found the Commissioner's interference unjustified. The Revenue's counsel defended the Commissioner's detailed reasons for setting aside the assessment order, which the Tribunal considered before directing the denovo assessment by the Assessing Officer. The Tribunal's order highlighted that the Commissioner found fault with the Assessing Officer's approach but did not specify how the assessment order was erroneous or prejudicial to revenue. The Tribunal, while acknowledging the improper approach, remanded the matter to the Assessing Officer for denovo assessment based on natural justice principles. The High Court noted that the Tribunal's decision seemed to validate any order, even if illegal, as long as principles of natural justice were followed. It criticized the Tribunal for not providing reasons for upholding the Commissioner's order and remanded the case back to the Tribunal for a fresh decision. Ultimately, the High Court allowed the appeal, set aside the Tribunal's order, and remanded the matter for a new decision.
|
