CIT-II, CHANDIGARH vs. M/S V.K. SOOD ENGINNERS & CONTRACTORS, CHD.

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ITA/758/2008HC Punjab & HaryanaPHHC01080781200806 August 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the present appeal filed by the appellant/Revenue stands dismissed. This decision is based on the procedural history where the Revenue's earlier appeal against the ITAT's order (which had set aside the CIT's order under Section 263) was dismissed by this Court, and the ITAT's order was upheld. Therefore, the present appeal, which appears to be a subsequent challenge or a continuation of the same dispute, is dismissed on the grounds of the prior unfavorable adjudication for the Revenue. No specific issue regarding the merits of the assessment itself was decided in this judgment; the dismissal is based on the finality of the previous court decision.

What were the facts?

The present appeal arises from an order passed by the Assessing Officer (AO) for the assessment year 1993-94. This revised assessment order was passed in compliance with directions issued by the Commissioner of Income Tax (CIT) under Section 263 of the Income Tax Act, 1961. The CIT's order, dated 02.07.1996, was the basis for the AO's revised assessment. The Income Tax Appellate Tribunal (ITAT) had previously set aside the CIT's order on 04.09.2003. The Revenue had challenged the ITAT's order before this Court, but their appeal was dismissed, and the ITAT's order of 04.09.2003 was upheld.

What were the issues?

1. Whether the present appeal filed by the appellant/Revenue is maintainable, given that the Revenue's prior appeal against the ITAT's order upholding the setting aside of the CIT's order was dismissed by this Court. Contentions: Assessee: Not recorded in the judgment. Revenue: The judgment does not explicitly state the Revenue's contentions. However, the appeal itself implies a challenge to the dismissal of their earlier appeal and the upholding of the ITAT's order.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

1.

Present appeal has arisen out of the order passed by the Assessing Officer (AO), whereby it has revised its earlier assessment order for the year 1993-94, in compliance of the order passed by the CIT under Section 263 of the Income Tax Act, 1961, (for short, ‘the Act’). The order passed by the Assessing Officer (AO) was solely based on the directions issued by the CIT, under Section 263 of the Act dated 02.07.1996, and the said order passed by CIT has been set aside by the ITAT, vide its order dated 04.09.2003 which was impugned by the Revenue, and the appeal preferred by the Revenue has been dismissed, and order dated 04.09.2003 passed by the ITAT has been upheld by this Court. LAVISHA 2024.08.08 10:36 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

3.

Accordingly, present appeal filed by the appellant/Revenue stands dismissed. 4. Pending miscellaneous application(s), if any, shall also stand disposed of. LAVISHA 2024.08.08 10:36 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh

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