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TMI Blog2010 (8) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... osed of by the following common judgment. 2. We have heard the learned counsel appearing for the assessees and the Department. 3. For the sake of convenience, the appellants/assessees will be referred to by their names. 4. In all the cases, the assessment relates to the year 1985-86. While making assessment under section 143(3) read with section 250 of the Income-tax Act, the assessing authority made addition of the following amounts to the income of the assessees under section 69A of the Income-tax Act. An amount of Rs. 2,06,500 was added in respect of assessment relating to S. Furkhan Ahmed, an amount of Rs. 1,22,500 was added in respect of assessment of Smt. Akhtharunnisa Begum, an amount of Rs. 2,06,000 was added in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Appellate Tribunal, Hyderabad "B" Bench, Hyderabad. The orders of the said Tribunal are impugned in the present appeals. 7. The Income-tax Appellate Tribunal upheld the finding recorded by the Commissioner of Income-tax (Appeals) as regards the factum of possession of cattle, sheep and goats and the sale by the assessees. However, the learned Tribunal held as follows : "But what is lacking in this case is the real sale price of the cattle sold and the assessees have not placed any documentary evidence to show that the cattle was in fact sold for the amounts claimed by them, except oral assertions by the witnesses and the assessees, there is no material available on record to prove the sale price." 8. On th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e kind of evidence. It has been further contended that the Income-tax Appellate Tribunal having accepted the finding recorded by the Commissioner (Appeals) that the possession of cattle, sheep and goats and the sale by the assessees is genuine, erroneously reduced the value of the sale proceeds claimed by the assessees. According to the learned counsel the issue before the Income-tax Appellate Tribunal was only whether the possession of cattle, sheep and goats and their sale by the assessees was proved or not, but not the actual sale price and therefore, the learned counsel would submit that the decision rendered by the Income-tax Appellate Tribunal is outside the scope of its jurisdiction and the same is liable to be set aside in these app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t." (2) Deepak Nitrite Ltd. v. CIT [2008] 307 ITR 289 wherein the Divi-sion Bench of the Gujarat High Court held as follows (page 296) : "The Tribunal failed to appreciate that at no stage was the issue of quantification ever in dispute between the parties. The Assessing Officer had categorically recorded that for the reasons stated in his order the claim of loss `is not acceptable and the same is ignored in the computation of income.' If the Assessing Officer had not under-taken quantification of the loss, the Commissioner (Appeals) had not undertaken such an exercise as there was no ground raised by the Revenue before the Tribunal in the appeal, the Tribunal on its own could not have undertaken the said exercise without fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them is genuine. The Income-tax Appellate Tribunal is only supposed to examine the correctness of the said finding in the appeal but it cannot travel beyond the said question. 12. However, the learned counsel appearing for the Department in support of his contention that the Income-tax Appellate Tribunal is empowered to pass any order while disposing of the appeal, relied upon the following decisions : (1) CIT v. Assam Travels Shipping Service [1993] 199 ITR 1 (SC) wherein the apex court held that (headnote) : "the power of the Appellate Assistant Commissioner under section 251(1)(b) included the power even to enhance the penalty subject to the requirement of sub-section (2) of section 251 after giving a reasonable opportun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he apex court are in a different context than that of the situation in the present appeals. In the present appeals as already pointed out, there was absolutely no basis for the Income-tax Appellate Tribunal to reduce the sale price to half of the amount claimed by the assessees. The Commissioner of Income-tax (Appeals) accepted the entire transactions as genuine and therefore, the question which the Income-tax Appellate Tribunal could go into was only whether the sale transactions were genuine or not, but not as to the sale price. These matters relate to the assessment year of 1985-86. At this length of time, if the matters are remitted to the assessing authority for making fresh assessment, it causes undue hardship and lot of inconven-ienc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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