| Case ID |
0ad17779-156b-45d7-87e0-ba70c81e3ceb |
| Body |
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| Case Number |
IT APPEAL. D.No. 45 OF 1999 |
| Decision Date |
Nov 26, 2009 |
| Hearing Date |
|
| Decision |
The Allahabad High Court ruled that when the order passed by the Commissioner in exercise of original jurisdiction was set aside, there was no occasion for the Assessing Officer to pass a fresh assessment order based on such a revision order. The court emphasized that the proposed question regarding the commission and subsidy paid to cane growers forming part of the purchase price was already concluded in favor of the assessee by this court in a previous judgment. Thus, the application was dismissed, affirming the Tribunal's decision. |
| Summary |
In the case of Commissioner of Income Tax v. Sir Shadi Lal Enterprises Ltd., the Allahabad High Court addressed critical issues surrounding the Income-tax Act, 1961, specifically focusing on Section 263 regarding the revision of orders prejudicial to revenue interests. The case revolved around the legality of the Assessing Officer's actions following the Commissioner's annulment of a prior assessment order. The court held that the Assessing Officer had no jurisdiction to issue a fresh assessment order after the Commissioner's order was set aside. This decision reinforces the principle that once an order is annulled, all subsequent actions based on that order are deemed invalid. The case highlights significant aspects of tax law, including allowable deductions under Section 37(1) for expenses related to business operations. The ruling serves as a precedent for similar future cases, ensuring clarity and adherence to legal standards in tax assessments. Keywords such as 'Income-tax Act', 'Assessing Officer', 'revision orders', and 'allowable deductions' are pivotal for understanding this landmark decision and its implications for tax law practitioners and businesses alike. |
| Court |
Allahabad High Court
|
| Entities Involved |
Commissioner of Income Tax,
Sir Shadi Lal Enterprises Ltd.
|
| Judges |
Prakash Krishna,
Sabhajeet Yadav
|
| Lawyers |
B. Agarwal,
A. Kumar,
A. N. Mahajan,
G. Krishna,
S. Chopra,
Rajes Kumar
|
| Petitioners |
|
| Respondents |
Sir Shadi Lal Enterprises Ltd.
|
| Citations |
2010 SLD 503,
(2010) 325 ITR 561
|
| Other Citations |
I.T.R. No. 48 of 1992
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
263,
37(1)
|