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TMI Blog2004 (12) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... esolutions passed at the conference of the Vice Presidents held in Bangalore on 14th and 15th of June, 2004. The resolutions record certain important decisions taken after due deliberations, in the interests of uniformity of functioning of the Tribunal, I think it would serve the interests of justice well if they are followed by you in letter and spirit while discharging your duties. In case of any difficulty or doubt in applying the resolutions, you may write to me." The enclosed resolution passed at the conference of the Vice Presidents held at Bangalore on 14th and 15th June, 2004, contained Resolution No. 10, which, inter alia, provides as under: "Resolution No. 10 Resolved that members shall pass the order in appeal within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee filed first appeal before the learned CIT(A), Jalandhar, who vide his order dt. 3rd Jan., 1994 estimated the value after giving relief on account of various defects pointed out to him at Rs. 3,35,474 giving a relief of Rs. 44,526. The assessee further filed second appeal before the Tribunal, Amritsar Bench, and in the second appeal the Tribunal further reduced the value to Rs. 3,20,000 after giving some partial relief on account of various defects pointed out to the Tribunal and thereby giving relief of Rs. 15,474. 5. The AO, Mansa, initiated penalty proceedings for the asst. yr. 1990-91 and imposed penalty of Rs. 11,000 against which the assessee filed appeal before the learned CIT(A) and it was brought to his notice that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Munish Iron Store has been decided on 22nd April, 2003, therefore, it cannot be said that at the time of passing of penalty order, jurisdictional High Court decision was there, therefore, ratio of the said decision cannot be applied to delete the penalty, which is otherwise imposable. It was emphatically pleaded for restoring the order of the AO. 8. After hearing the learned Departmental Representative and considering the written submissions of the assessee, it is found to be uncontroverted fact that satisfaction has not been recorded in the body of the assessment order and only at the end of the order notice has been issued for penalty and this issue came for consideration before the Delhi High Court as well as before the jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive rise to any question of law, much less a substantial question of law." 9. So far as passing of order on a later date is concerned, Full Bench of the Hon'ble Punjab and Haryana High Court in the case of CIT vs. Smt. Aruna Luthra (2001) 170 CTR (P H)(FB) 73 : (2001) 252 ITR 76 (P H)(FB), in the context of rectification proceedings, has held that "In view of the above, we hold that the power under s. 154 can be invoked even when an issue is decided by the jurisdictional High Court or a superior Court after the order has been passed." 10. Since, even on the basis of jurisdictional High Court decision, rectification can be done therefore, there appears to be no justification in the arguments of the learned Departmental Representative t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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