Legal Case Summary

Case Details
Case ID 383e9251-234b-441d-b89b-9f3cd517314e
Body View case body.
Case Number Income-tax Applications Nos. 290, 291 and 292 of 1
Decision Date Feb 27, 1989
Hearing Date
Decision The case involved the review of assessment orders issued by the Commissioner of Income Tax concerning the assessment years 1983-84 to 1985-86. The Tribunal found that the assessments were not erroneous or prejudicial to the revenue interests. It was established that the initial capital investment and income versions had been accepted without inquiry. The Tribunal's decision was based on factual determinations that did not give rise to any legal questions. The assessments were restored, and the revision orders were vacated as unjustified, emphasizing that the findings were based on relevant facts and a proper appreciation of the materials presented.
Summary This case revolves around the Income Tax Act, 1961, focusing on the assessments made by the Income Tax Officer for the years 1983-84 to 1985-86. The Commissioner of Income Tax set aside these assessments, claiming they were erroneous and prejudicial to the revenue, prompting an appeal to the Income Tax Appellate Tribunal. The Tribunal found substantial evidence supporting the original assessments, concluding that no new capital investment had occurred during the disputed years and that the business of the assessee had not been wound up. The decision of the Tribunal was upheld, demonstrating the importance of factual evidence in tax assessments and the scrutiny that such determinations undergo in higher courts. This case underscores the critical nature of thorough investigation and documentation in tax-related disputes, emphasizing the role of proper legal representation and understanding of the Income Tax Act. Key terms include tax assessments, income tax appeals, tribunal decisions, and legal compliance.
Court Allahabad High Court
Entities Involved Not available
Judges R.M. Sahai, R.K. Gulati
Lawyers Not available
Petitioners COMMISSIONER OF Income tax
Respondents SAROJ DEVI
Citations 1991 SLD 21, 1991 PTD 85
Other Citations Not available
Laws Involved Income Tax Act, 1961
Sections 143