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TMI Blog2014 (9) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... es for this assessment year, we are of the considered view that the Assessing Officer was indeed not justified in raising these grievances against correctness of CIT(A) s order. We, therefore, dismiss the grievances raised by the AO for these short reasons alone, and decline to deal with the merits of these grievances. The preliminary objection raised by the learned counsel is indeed well taken and we approve the same. - I.T.A. No.: 1468/Del/2013 - - - Dated:- 5-9-2014 - IC Sudhir JM and Pramod Kumar AM Sameer Sharma, for the appellant V S Rastogi, for the respondent ORDER Pramod Kumar, 1. By way of this appeal, the Assessing Officer has challenged the correctness of order dated 7th December 2012, passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has erred in law and on facts in ignoring the fact M/s Ashu Garments did not possess the infrastructure facility and other allied elements to execute the job work, which lead belief that apparent is not real, as has been held by the Supreme Court in the case of M/s CIT Vs. Durga Prasad More, 82 ITR 540 (SC). 3. When this matter was called out for hearing, learned counsel for the assessee raised a preliminary objection. He invited our attention to the fact that, on exactly the same facts and in the immediately preceding assessment year, identical relief given by the CIT(A) has been accepted by the Assessing Officer by not challenging the matter in further appeal, and yet, the same issue is being agitated before us in this assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter alia, observed as follows: 8. One of the contentions which learned senior council for the assesseeappellant raised at the hearing was that, in the absence of any change in the circumstances, the Revenue should have felt bound by the previous decisions and no attempt should have been made to reopen the question. He relied upon some authorities in support of his stand. A Full Bench of the Madras High Court considered this question in T.M.M. Sankaralinga Nadar Bros. vs. CIT (1929) 4 ITC226. After dealing with the contention, the Full Bench expressed the following opinion : The principle to be deducted from these two cases is that where the question relating to assessment does not vary with the income every year but depends on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made in a case where taxation was in issue. This Court in Parashuram Pottery Works Co. Ltd. vs. ITO 1977 CTR (SC) 32 : (1977) 106 ITR 1 (SC) stated : At the same time, we have to bear in mind that the policy of law is that there must be a point of finality in all legal proceedings, that stale issues should not be reactivated beyond a particular stage and that lapse of time must induce repose in and set at rest judicial and quasi-judicial controversies as it must in other spheres of human activity. Assessments are certainly quasi-judicial and these observations equally apply. 9. We are aware of the fact that, strictly speaking, res judicata does not apply to IT proceedings. Again, each assessment year being a unit, what is de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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