Commissioner Of Income Tax v. M/S.santogen Textile Mills Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1014 OF 2009 Commissioner of Income Tax Vs.M/s.Santogen Textile Mills Ltd. ..Appellant ..Respondent Mr.J.S.Saluja for appellant. Mr.Anil Mishra i/b.PKP Legal Solutions for respondent. P.C. 1.Heard.Perused appeal. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 28TH JULY, 2009 DATE : 2.In this appeal, the Revenue has challenged the order dated 31[st] January, 2007 passed by the Tribunal, whereby two appeals relating to the A.Y.2000-01 and 2001-02 were disposed of. The appeal relating to A.Y.2000-01 disposed of by the Tribunal was a subject matter of appeal u/s.260(A) of the I.T.Act before this Court being ITXA No.994 of 2008, which came to be decided by an order dated 11[th] February, 2009 dealing with the similar issue and this Court was pleased to order as under: In so far as question (a) is concerned, the learned tribunal had passed an order dated 22.10.2007 relying on the order of another Bench of the tribunal in the assessee’s own case for block period of 1.4.1988 to 23.6.1998. In respect of that order revenue was in appeal before us in I.T.X.A.(L) No.1418 of 2005. We upheld the finding of the tribunal therein considering that it was for the block assessment, as in the case of block assessments what has tobe considered is the incriminating material that has come on record during the course of search. We are here concerned with the regular assessment. The C.I.T. (Appeal) interfered with the order of the A.O. and brought down the oil gain from 2% to 1%. If the tribunal wanted to interfere with the said findings it ought to have recorded reasoning for so doing. In the instant case, apart from relying on the block assessment no other reasons are given. In our opinion, finding therefore, based upon the block assessment period cannot be sustained. The question remanded back to the tribunal for de novo consideration according to law. 3.The present appeal relates to subsequent A.Y.2001-02. Since the findings recorded in the appeal pertaining to A.Y.2000-01 are applicable to the present appeal, following the above view taken by the Division Bench of this Court in ITXA No.994 of 2008, the question sought to be raised in the appeal is remanded back to the Tribunal for de novo consideration according to law. Order accordingly. Appeal stands disposed of. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)