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Home Highlights October 2020 Year 2020 This

By deciding the question of limitation of AY 2000-01 against ...


Income Tax Tribunal's Flawed Appeal Handling for AY 2000-01, 2003-04, and 2004-05 Leads to Miscarriage of Justice.

October 1, 2020

Case Laws     Income Tax     HC

By deciding the question of limitation of AY 2000-01 against Revenue, and by holding that there was no tax liability for AY 2003-04 and AY 2004-05, these two sets of orders passed by learned Income Tax Appellate Authority have resulted in a serious miscarriage of justice, which we cannot permit. The manner in which the various appeals and Miscellaneous Petition have been dealt with by the learned Tribunal for all the three Assessment years in question leaves much to be desired and the change of stand allowed by the Tribunal and later withdrawal of the appeals for AY 2003-04 and AY 2004-05 under the litigation policy of the CBDT Circular dated 28.01.2016, has resulted in all this goof up. - HC

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