Mohan Lal Bansal v. Income-tax Officer, Ward-II(1), Faridabad
[Citation -2015-LL-0331-4]

Citation 2015-LL-0331-4
Appellant Name Mohan Lal Bansal
Respondent Name Income-tax Officer, Ward-II(1), Faridabad
Court HIGH COURT OF PUNJAB & HARYANA
Relevant Act Income-tax
Date of Order 31/03/2015
Judgment View Judgment
Keyword Tags genuineness of transaction
Bot Summary: S.J. VAZIFDAR, ACTING CHIEF JUSTICE: This is an appeal against the order of the Income Tax Appellate Tribunal remanding the matter pertaining to assessment year 2007-08 to the Assessing Officer. We are not inclined to interfere with the Tribunal s exercise of jurisdiction in remanding the matter for fresh consideration. It will be necessary for the Assessing Officer to determine whether the transactions of purchase by the appellant from the two entities are genuine or not. Mr. Goyal submitted that the impugned order contains observations against the appellant. All the contentions of the parties are obviously open before the Assessing Officer and in further proceedings. The proceedings, upon remand, would be decided on their merits uninfluenced by the prima facie observations of the Tribunal in the impugned order. It is reiterated that the remand proceedings whether before the Assessing Officer or in any proceedings to challenge the decision of the Assessing Officer would be decided on their own merits uninfluenced by the observations of the Tribunal.


IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.T.A. No.350 of 2014 (O&M) DATE OF DECISION: 31.03.2015 Mohan Lal Bansal ..Appellant versus Income Tax Officer, Ward-II(1), Faridabad .....Respondent CORAM:- HON'BLE MR. S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON BLE MR. JUSTICE G.S. SANDHAWALIA Present: Mr. Sandeep Goyal, Advocate for appellant .. S.J. VAZIFDAR, ACTING CHIEF JUSTICE: (Oral) This is appeal against order of Income Tax Appellate Tribunal remanding matter pertaining to assessment year 2007-08 to Assessing Officer. 2. We are not inclined to interfere with Tribunal s exercise of jurisdiction in remanding matter for fresh consideration. It will be necessary for Assessing Officer to determine whether transactions of purchase by appellant from two entities are genuine or not. 3. Mr. Goyal submitted that impugned order contains observations against appellant. apprehension is not well-founded. Firstly, observations are only prima facie. If they were conclusive in nature, Tribunal would have PARKASH CHAND 2015.04.01 10:40 I attest to accuracy and authenticity of this document ITA-350-2014 - 2 - itself decided matter. All contentions of parties are obviously open before Assessing Officer and in further proceedings. proceedings, upon remand, would be decided on their merits uninfluenced by prima facie observations of Tribunal in impugned order. Even issues such as whether other two entities had discharged their onus regarding genuineness of transactions are kept open. It would also be open, for instance, for appellant to contend that even assuming that they did not or do not establish genuineness of their transactions, it may not effect appellant s case, if appellant is otherwise able to establish genuineness of his transactions. 4. appeal is, therefore, disposed of but subject to above clarifications. It is reiterated that remand proceedings whether before Assessing Officer or in any proceedings to challenge decision of Assessing Officer would be decided on their own merits uninfluenced by observations of Tribunal. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE 31.03.2015 (G.S. SANDHAWALIA) parkash* JUDGE PARKASH CHAND 2015.04.01 10:40 I attest to accuracy and authenticity of this document Mohan Lal Bansal v. Income-tax Officer, Ward-II(1), Faridabad
Report Error