9911796707
TMI Blog2016 (11) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... . Thus, the amount payable, has not been crystallized during the subject Assessment Year according to the Revenue. This fact was absent in the proceedings leading to the order dated 17th July, 1989 passed in respect of Assessment Year 1985-86. The aforesaid distinction was also missed sight of by the Tribunal while passing the impugned order dated 13th December, 2007. Thus the appeal of the Respondent-Assessee is restored to the Tribunal for final disposal. - Income Tax Appeal No. 1105 of 2008 - - - Dated:- 16-4-2016 - M. S. Sanklecha And A. K. Menon, JJ. For the Petitioner : Mr. P. C. Chhotaray For the Respondent : Mr. S. P. Goyal JUDGMENT ( Per M. S. Sanklecha, J. ) This Appeal under Section 260A of the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the instance of the Revenue sought our opinion in Income Tax Reference No.320 of 1998 in respect of Assessment Year 1985-86 (Tribunal Order dated 17th July, 1989) on the question as reproduced herein above in para 3. 5. Briefly, the facts are as under: (a) The Respondent-Assessee had on 2nd April, 1984 entered into agreement for purchase of 250 metric tonnes of Synthetic Waste from one M/s. Vinay Industries. In terms of the above agreement dated 2nd April, 1984, M/s. Vinay Industries were to import the Synthetic Waste from Taiwan and sell it to the Respondent-Assessee at cost + ₹ 1/per kg. The costs were to include all expenses incurred by the seller from import and handing it over to the Respondent-Assessee i.e. inclusive o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court. On first appeal also, the Commissioner of Income Tax (Appeals) [CIT(A)] upheld the view of the Assessing Officer and confirmed the addition done by the Assessing Officer. (d) On further appeal, the Tribunal allowed the appeal by following its order dated 17th July, 1989 for Assessment Year 1985-86. (e) Being aggrieved, the Revenue is in appeal before us. 6. We find that there are two vital differences in facts between those existing in Assessment Year 198586 and that existing in the subject Assessment Year 198687. 7. Firstly, the clauses of the agreements which is a subject matter of dispute in both the Assessment Years are different. (a) For the Assessment Year 1985-86 which led to ITR 320 of 1998, the clause of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with regards to CVD and Customs duties which are demanded in excess by the custom department. The aforesaid clause as existing in the subject Assessment Year has not at all been considered by the Tribunal in the impugned order while allowing the Respondent-Assessee's appeal for the Assessment Year 1986-87. The distinction in facts has been ignored by Tribunal while passing the impugned order. 8. Secondly, in the present facts, the Respondent-Assessee filed a suit against its sellers M/s. Vinay Industries in the Civil Court at Ludhiana, apparently disputing its liability to pay the additional Customs Duty of ₹ 91.54 lakhs. Thus, the amount payable, has not been crystallized during the subject Assessment Year according to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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