ASSTT. COMMISSIONER OF INCOME TAX JALGAON vs. KOGTA IMPORT EXPORT PVT LTD.
What did the High Court hold?
The High Court held that there is no substantial question of law raised in the appeal. Consequently, the appeal stands dismissed. The Court's reasoning is based on its finding that the appeal does not present a substantial question of law, which is the prerequisite for entertaining a Tax Appeal under the relevant provisions of the Income Tax Act. The operative direction is the dismissal of the appeal. No specific issues were left undecided; the appeal was decided on the preliminary ground of lacking a substantial question of law.
What were the facts?
The Revenue is the appellant in this Tax Appeal No. 29 of 2007, challenging an order dated 29-09-2006 passed by the Income Tax Appellate Tribunal, Pune Bench "B", Pune. The appeal pertains to Income Tax Appeal No. 708/PN/2001 and Income Tax Appeal No. 636/PN/2001. The High Court noted that a connected Tax Appeal No. 26 of 2007 was disposed of by this Court by an order dated 17-03-2009. The Revenue's counsel submitted that the present appeal could also be disposed of in terms of that order. The Court perused the order in the connected appeal and found that the present appeal could be disposed of in light of the observations made therein.
What were the issues?
1. Whether there is a substantial question of law raised in the appeal. The Revenue contended that the appeal involves a substantial question of law and sought to dispose of the present appeal in terms of the order passed in a connected appeal (Tax Appeal No. 26 of 2007) dated 17-03-2009. The Revenue relied on the order in the connected appeal to support its submission. The judgment does not record specific arguments from the Respondent (assessee) on this issue.
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in terms of the said order.
We have heard submissions advanced by Shri. Alok Sharma and perused the order passed in Tax Appeal No. 26 of 2007. 5. We find in the facts of the case that the present appeal could be disposed of, in the light of observations made by us in the order passed in Tax Appeal No. 26 of 2007 on 17032009. 6. We find that there is no substantial question of law raised in the
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Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders appeal. The appeal, therefore, stands dismissed. [K.K. TATED,J.] [NARESH H. PATIL,J.] sut/AUG/ta29.07
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