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TMI Blog2020 (1) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... nior Standing Counsel Assisted by Mrs.Premalatha Junior Standing Counsel JUDGMENT DR.VINEET KOTHARI, J. This appeal has been filed by the Assessee aggrieved by the order dated 29.08.2005 passed by the learned Income Tax Appellate Tribunal in I.T.A.No.874/Mds/1998 for the Assessment Year 1991-92. 2.The question which has been raised by the learned counsel for the Assessee in the present appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtain the said plea of Assessee regarding bar of limitation vide para 12 of the order. The said para 12 of the order is quoted below for ready reference. "12.Regarding limitation aspect, we have gone through the case law relied on by the Assessee. It was held in the case of CIT v. Madras Industrial Investment Corporation Ltd. (124 ITR 454) that the legal position is that neither the Assessee nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ft to the discretion of the Tribunal. Admittedly, the matter here requires investigation of facts. When there was requirement of investigation of facts, we decline to admit the plea taken by the Assessee." 4.The learned counsel for the Assessee Mr.T.Vasudevan urged before us that for computing the limitation, only the dates of the notice and order were required to be seen, which were very much av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed question of law as raised by the learned counsel for the Assessee does not arise from the order of the learned Tribunal. 6.Having heard the learned counsel for the parties, we are of the opinion that even in the absence of the Cross-objections filed by the Assessee, since the question of limitation may go to the root of the matter and whether the penalty order in question can be sustained or n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out answering the substantial questions of law raised before us and we remand the case back to the learned Tribunal on the limited issue of deciding the question of limitation as raised by the Assessee. 8.However, since the question is about the validity of the order being hit by limitation or not, we make it very clear that the said question can be decided, irrespective of the monetary limit pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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