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TMI Blog1977 (3) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... aid two earlier years, viz., 1955-56 and 1956-57 in Revision Applications Nos. 173 and 174 of 1961, the Tribunal took the view that in respect of the transactions entered into by the assessees which were entered in the said Shah account the assessees had not acted as selling commission agents although they had entered into other transactions as selling commission agents. In those revisional applications the Tribunal took the view that in respect of the said transactions entered by the assessees in the Shah account the assessees were the purchasers themselves and, therefore, when these goods were subsequently sold by the assessees these were separate transactions. In the assessment of the assessees in respect of the aforesaid three periods a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... selling goods to themselves and hence it was not a correct view. The Tribunal held that the assessees were debarred or precluded from taking up this contention on the principles of res judicata or principles analogous thereto. It further took the view that the assessees were also estopped by their conduct from taking up this contention. It is from these decisions of the Tribunal that the present references have been filed. Sales Tax Reference No. 18 of 1976 pertains to the period 1st April, 1957, to 31st March, 1958, Sales Tax Reference No. 19 of 1976 pertains to the period 1st April, 1958, to 31st March, 1959, and Sales Tax Reference No. 20 of 1976 pertains to the period 1st April, 1959, to 31st December, 1959. The question referred to us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is final only for that year and does not govern later years, because it determines only the tax for a particular period. This principle has always been accepted in tax matters. The decision of the Tribunal in Revisional Applications Nos. 173 and 174 of 1961 was pertaining to the years 1955-56 and 1956-57. The view taken by the Tribunal in these revisional applications was sought to be challenged by the assessees in respect of the later assessment periods, viz., from 1st April, 1957, to 31st December, 1959. Hence, the principle of res judicata can never come into play and the view of the Tribunal in this regard is clearly incorrect. As far as the question of estoppel by conduct is concerned, the view taken by the Tribunal appears to be e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n earlier year are not binding either on the assessee or the department in a subsequent year. But this rule is subject to limitations, for there should be finality and certainty in all litigations including litigation arising out of the Income-tax Act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after due inquiry, if no fresh facts are placed before the Tribunal giving the later decision, and if the Tribunal giving the earlier decision had taken into consideration all material evidence. A Tribunal, like the Appellate Tribunal, should be extremely slow to depart from a finding given by an earlier Tribunal. In our view, far from supporting the contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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