Commissioner of Income-tax v. Darshan Kumar - 2008-LL-0422-6

Citation	2008-LL-0422-6
Appellant Name	Commissioner of Income-tax
Respondent Name	Darshan Kumar
Court	HIGH COURT OF PUNJAB & HARYANA
Relevant Act	Income-tax
Date of Order	22/04/2008
Assessment Year	1994-95
Judgment	View Judgment
Keyword Tags	reassessment proceedings • retrospective amendment
Bot Summary:	The Revenue has filed this appeal under s. 260A of the IT Act against the order dt. 1994-95, raising the following substantial question of law for consideration of this Court: Whether on the facts and circumstances of the case, the Tribunal is right i n law in deleting addition of Rs. 8,05,000 by quashing the assessment made under s. 143(3) r/w s. 147 of the IT Act, in view of the second proviso to sub-s. of s. 148 inserted by the Finance Act, 2006 with retrospective effect from 1st Oct., 1991 We have heard counsel for both the parties. Undisputedly, when the Tribunal passed the impugned order on 19th Jan., 2006, the amendment inserted in s. 148 of the IT Act by the Finance Act, 2006 with retrospective effect from 1st Oct., 1991 was not considered, as there was no occasion for the Tribunal to consider it, because the same was effected subsequently. In view of this fact, counsel for both the parties have agreed that the impugned order be set aside and the matter be remitted to the Tribunal to consider the matter afresh in the light of the aforesaid amendment as well as on merits. 19th Jan., 2006, passed by the Tribunal, Delhi Bench E , Delhi is set aside and the matter is remanded to the Tribunal to consider the matter afresh in the light of the amendment inserted in s. 148 of the IT Act by the Finance Act, 2006 with retrospective effect from 1st Oct., 1991, as well as on merits, in accordance with law.

Revenue has filed this appeal under s. 260A of IT Act against order dt. 19th Jan., 2006, passed by Tribunal, Delhi Bench E Delhi in ITA No. 1117/Del/2004 for asst. yr. 1994-95, raising following substantial question of law for consideration of this Court: "Whether on facts and circumstances of case, Tribunal is right i n law in deleting addition of Rs. 8,05,000 by quashing assessment made under s. 143(3) r/w s. 147 of IT Act, in view of second proviso to sub-s. (1) of s. 148 inserted by Finance Act, 2006 with retrospective effect from 1st Oct., 1991 " We have heard counsel for both parties. Undisputedly, when Tribunal passed impugned order on 19th Jan., 2006, amendment inserted in s. 148 of IT Act by Finance Act, 2006 with retrospective effect from 1st Oct., 1991 was not considered, as there was no occasion for Tribunal to consider it, because same was effected subsequently. In view of this fact, counsel for both parties have agreed that impugned order be set aside and matter be remitted to Tribunal to consider matter afresh in light of aforesaid amendment as well as on merits. In view of above, impugned order dt. 19th Jan., 2006, passed by Tribunal, Delhi Bench E , Delhi is set aside and matter is remanded to Tribunal to consider matter afresh in light of amendment inserted in s. 148 of IT Act by Finance Act, 2006 with retrospective effect from 1st Oct., 1991, as well as on merits, in accordance with law. Appeal stands disposed of accordingly. *** Commissioner of Income-tax v. Darshan Kumar

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