| Case ID |
384e711e-e326-46fb-9bcd-8d75af5bbc6d |
| Body |
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| Case Number |
IT REFERENCE No. 61 OF 1966 |
| Decision Date |
Jul 25, 1969 |
| Hearing Date |
|
| Decision |
The Tribunal dismissed the revenue appeal, holding that the additional grounds of appeal raised by the Income Tax Officer were not part of the subject-matter of the appeal. The Court concluded that if the Tribunal does not allow a particular ground to be urged, that ground can never be included in or considered to be part of the subject-matter of the appeal. Therefore, the Tribunal's order refusing to entertain the additional grounds was not an order under section 33(4) of the Indian Income-tax Act, 1922, and hence no reference to the High Court against that order was permissible. The case was decided in favor of the assessee, affirming the Appellate Assistant Commissioner's decision that the addition to income based on the market price of shares was unsustainable. |
| Summary |
This case revolves around the interpretation of sections 254 and 256 of the Income-tax Act, 1961, and their implications on the orders of the Appellate Tribunal. It emphasizes the importance of the subject-matter of the appeal, stating that grounds not allowed by the Tribunal cannot form part of the appeal. The decision highlights the procedural aspects of tax law appeals and sets a precedent for future cases regarding the admissibility of additional grounds of appeal. The judgment reinforces the separation of powers within tax proceedings and clarifies the limitations of the Tribunal's jurisdiction. Legal practitioners should note the implications of this case for future tax appeals, particularly regarding the presentation of grounds and the Tribunal's discretion. Keywords: Income Tax Act, Appellate Tribunal, grounds of appeal, legal precedent, tax law. |
| Court |
Calcutta High Court
|
| Entities Involved |
Calcutta Discount Company Ltd.
|
| Judges |
Sankar Prasad Mitra,
Sabyasachi Mukharji
|
| Lawyers |
B.L. Pal,
B.K. Bachawat,
Dr. D. Pal
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
Calcutta Discount Company Ltd.
|
| Citations |
1971 SLD 573,
(1971) 82 ITR 941
|
| Other Citations |
Central India Insurance Co. Ltd. v. ITO [1963] 47 ITR 895 (MP),
S. Chenniappa Mudaliar v. CIT [1964] 53 ITR 323 (Mad.) (SB),
CIT v. Mtt. AR. S. AR. Arunachalam Chettiar [1953] 23 ITR 180; [1953] SCR 463 (SC),
J.B. Greaves v. CIT [1963] 49 ITR 107 (Bom.),
Hukumchand Mills Ltd. v. CIT [1967] 63 ITR 232; [1967] 1 SCR 463 (SC),
Kannan Devan Hills Produce Co. Ltd. v. CWT [1968] 67 ITR 823 (Cal.),
Lajwanti Sial v. CIT [1957] 32 ITR 526 (Bom.),
Munna Lal & Sons v. CIT [1965] 55 ITR 508 (All.),
New India Assurance Co. Ltd. v. CIT [1957] 31 ITR 844 (Bom.),
Pokhraj Hirachand v. CIT [1963] 49 ITR 293 (Bom.),
V. Ramaswamy Iyengar v. CIT [1960] 40 ITR 377 (Mad.),
Union Coal Co. Ltd. v. CIT [1968] 70 ITR 45 (Cal.)
|
| Laws Involved |
Income-tax Act, 1961,
Indian Income-tax Act, 1922
|
| Sections |
254,
256,
33(4),
66
|