Ita/58/2006 Of K.c.builders v. Comnr.of Income Tax

3. 17.04.2019 ss This Income Tax Appeal assails the order dated 25.01.2006 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in IT(SS) A No.21 (CTK) 2005 under Section 260-A of the Income Tax Act, 1961. At the outset, learned counsel for the appellant-Firm submits that the issue involved in the instant Appeal is covered by decision of this Court in a batch of Income Tax Appeals, i.e., ITA Nos.48, 49, 50 and 51 of 2003 disposed of on 13.03.2019. He also relies on another decision, i.e., decision of Gujarat High Court in Tax Appeal No.1106 of 2005 disposed of on 11.12.2014. The instant appeal is of the year 2006 relating to the block period 01.04.1990 to 23.06.2000. General presumption is that records beyond ten years are not available in any Department excepting the cases where litigation (s) is/are pending. But in the case at hand, no notice has been issued, as yet. And in the meantime, thirteen years have elapsed. Therefore, it would not be proper to issue notice now. However, to protect the interest of the assessee-petitioner, it would be open to the petitioner to apply before the Assessing Officer concerned along with the judgments referred to herein above. If the records are available, the Assessing Officer will decide the same. The ITA is disposed of accordingly. ..………………….. K.S. JHAVERI (Chief Justice) ……..………………….. K.R. MOHAPATRA (Judge)