ABHISHEK INDUSTRIES LIMITED Vs. COMMISSIONER OF INCOME-TAX
LAWS(P&H)-2006-8-374
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 22,2006

Abhishek Industries Limited Appellant
VERSUS
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

- (1.) For the reasons stated in the application, delay of 54 days in filing the appeal is condoned.
(2.) The application stands disposed of.
(3.) This appeal by the assessee is directed against order dated 15.4.2005, passed by the Income Tax Appellate Tribunal, Chandigarh Bench (for short, 'the Tribunal') in I.T.A. No. 726/Chandi/2001, for the assessment year 1998-99, raising following substantial questions of law: (i) Whether in the facts and circumstances of the case, the order of the Tribunal is perverse as the Tribunal has not allowed the assessee to raise the additional ground which has been concluded in favour of the assessee in all preceding years (ii) Whether in the facts and circumstances of the case, the order of the Tribunal is contrary to the ratio of the Supreme Court in National Thermal Corporation v. CIT (iii) Whether in the facts and circumstances of the case, the Tribunal has failed to exercise a jurisdiction vested in it by not allowing the assessee to raise the additional issue before the Tribunal ;


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