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| The Tax Publishers2020 TaxPub(DT) 5350 (Mad-HC) : (2020) 426 ITR 0499 INCOME TAX ACT, 1961
Section 260A
Where it was evident that Tribunal took note of its earlier decisions rejecting revenue's appeal and where department was also not appealing against orders for other years on same facts regarding, revenue cannot maintain this appeal and the substantial questions of law were accordingly answered against the revenue.
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Appeal (High Court) - Maintainability - Tribunal took note of its earlier decisions - Department also not appealing against orders for other years on same facts
Revenue filed appeal against the order of Tribunal raising a question of law that whether Tribunal was correct in holding that the excess amount received by the assessee on reimbursement received from foreign company on account of assets purchased and used by the assessee for the work towards the payee company as 'capital receipts' as against the stand of AO that it was 'income from other sources.Held: It was evident that Tribunal took note of its earlier decisions and dismissed the appeal. Even before the Tribunal, the Revenue did not produce any material to show that the orders passed by the Tribunal for the earlier assessment years were taken on appeal before the Division Bench of this Court. Therefore, Revenue cannot maintain this appeal and the substantial questions of law were answered against the revenue.
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2005-06
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