IT : There was an error apparent on record in Tribunal's order where Tribunal had not considered evidence of satisfaction recorded under section 158BD
IT : While recalling its order and placing it before a regular Bench to adjudicate/decide merits of appeal, Tribunal is not entitled to observe on merits of adjudication
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[2015] 55 taxmann.com 479 (Bombay)
HIGH COURT OF BOMBAY
Gyan Construction Co.
v.
Income Tax Appellate Tribunal, Mumbai Bench 'G'*
M.S. SANKLECHA AND G.S. KULKARNI, JJ.
WRIT PETITION NOS. 162 & 150 OF 2015†
JANUARY 23, 2015
Section 158BD, read with section 254, of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income of any other person (Conditions precedent) - Tribunal by order, dated 29-12-2010 set aside assessment made under section 158BD in case of assessee on ground that no satisfaction under section 158BD was recorded by Assessing Officer of searched person in respect of assessee - While doing so Tribunal did not consider letter of Assessing Officer of searched person recording satisfaction of undisclosed income in case of assessee - On revenue's rectification application, Tribunal recalled order dated 29-12-10 and placed matter before regular bench for consideration by making observation that jurisdictional requirement to proceed against assessee was satisfied - Whether since there was an error apparent on record in Tribunal's order, dated 29-12-2010 as it did not consider communication recording satisfaction under section 158BD, Tribunal rightly recalled its order - Held, yes - Whether, however, while recalling its order it was impermissible for Tribunal to make observation on issue of jurisdiction and, therefore, such observation could not be upheld - Held, yes [Para 8] [In favour of revenue]
Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Orders of (Recall orders) - Whether once an order is recalled and appeal is to be placed before regular Bench for fresh consideration, it restores status quo ante - Held, yes - Whether, therefore, while recalling its order and placing it before a regular bench to adjudicate/decide merits of appeal, Tribunal is not entitled to observe on merits of adjudication - Held, yes [Para 12] [In favour of assessee]
IT : While recalling its order and placing it before a regular Bench to adjudicate/decide merits of appeal, Tribunal is not entitled to observe on merits of adjudication
■■■
[2015] 55 taxmann.com 479 (Bombay)
HIGH COURT OF BOMBAY
Gyan Construction Co.
v.
Income Tax Appellate Tribunal, Mumbai Bench 'G'*
M.S. SANKLECHA AND G.S. KULKARNI, JJ.
WRIT PETITION NOS. 162 & 150 OF 2015†
JANUARY 23, 2015
Section 158BD, read with section 254, of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income of any other person (Conditions precedent) - Tribunal by order, dated 29-12-2010 set aside assessment made under section 158BD in case of assessee on ground that no satisfaction under section 158BD was recorded by Assessing Officer of searched person in respect of assessee - While doing so Tribunal did not consider letter of Assessing Officer of searched person recording satisfaction of undisclosed income in case of assessee - On revenue's rectification application, Tribunal recalled order dated 29-12-10 and placed matter before regular bench for consideration by making observation that jurisdictional requirement to proceed against assessee was satisfied - Whether since there was an error apparent on record in Tribunal's order, dated 29-12-2010 as it did not consider communication recording satisfaction under section 158BD, Tribunal rightly recalled its order - Held, yes - Whether, however, while recalling its order it was impermissible for Tribunal to make observation on issue of jurisdiction and, therefore, such observation could not be upheld - Held, yes [Para 8] [In favour of revenue]
Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Orders of (Recall orders) - Whether once an order is recalled and appeal is to be placed before regular Bench for fresh consideration, it restores status quo ante - Held, yes - Whether, therefore, while recalling its order and placing it before a regular bench to adjudicate/decide merits of appeal, Tribunal is not entitled to observe on merits of adjudication - Held, yes [Para 12] [In favour of assessee]
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