ARAVALI MIN.and CHEM.INDUST.PVT.LTD. vs. A.C.I.T.CIRCLE-1,UDAIPUR

ITA/23/2011HC RajasthanRJHC01020313200923 November 20161 pages

AI SummaryAllowed

What did the High Court hold?

The High Court held that the issue involved in the appeal was no longer res integra, as it was covered by the judgment of the Hon'ble Supreme Court in ITO V/s Arihant Tiles, 320 ITR 79 (SC). Consequently, the appeal was allowed. The High Court set aside the order passed by the Income Tax Appellate Tribunal dated 03.12.2008, the order passed by the CIT (Appeal) dated 22.9.2006, and the order passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961, to the extent of the issue involved in the instant appeal. The ratio decidendi is that if a legal issue has been definitively settled by the Supreme Court, subsequent appeals on the same issue should be decided in accordance with that precedent.

What were the facts?

The appellant, Aravali Minerals & Chemicals Industries Pvt. Ltd., filed an appeal before the Rajasthan High Court at Jodhpur against an order of the Income Tax Appellate Tribunal (ITAT). The ITAT's order, dated 03.12.2008, was challenged along with prior orders from the CIT (Appeal) dated 22.9.2006 and the Assessing Officer's order under Section 143(3) of the Income Tax Act, 1961. The specific assessment year(s) and the amount in dispute are not explicitly stated in the provided text. The appeal was heard by a Division Bench of the High Court.

What were the issues?

1. Whether the issue involved in the appeal is no longer res integra in light of the Supreme Court's judgment in ITO V/s Arihant Tiles, 320 ITR 79 (SC)? (Question of law) Assessee's Contention: The learned counsel for the appellant agreed with the respondent that the issue is covered by the Supreme Court's decision in ITO V/s Arihant Tiles. Revenue's Contention: The learned counsel for the respondent also agreed with the appellant that the issue is no longer res integra due to the Supreme Court's judgment in ITO V/s Arihant Tiles.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ---------------------------------------------------- D.B.INCOME TAX APPEAL NO. 23/2011 APPELLANT: Aravali Minerals & Chemicals Industries Pvt. Ltd., B- 132, MIA, Madari, Udaipur – 313001. vs. RESPONDENT:

The Asstt. Commissioner of Income Tax, Circle – 1, Udaipur. Date of Order : 23.11.2016 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Mr. Anjay Kothari, for the appellant. Mr. K.K. Bissa, for the respondent/s. ORDER ----- Learned counsel for the parties are in agreement that the issue involved in this appeal is no more res integra in light of the judgment of Hon’ble Supreme Court in ITO V/s Arihant Tiles, 320 ITR 79 (SC).

The instant appeal is allowed in terms of the judgment aforesaid. The order passed by the Income Tax Appellate Tribunal dated 03.12.2008 and the order passed by the CIT, Appeal dated 22.9.2006 and the order passed by the Assessing Officer under Section 143 (3) of the Income Tax Act, 1961 are set aside to the extent of the issue involved in the instant appeal. (PUSHPENDRA SINGH BHATI)J. (GOVIND MATHUR)J. ns.

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