Sjc/7/1998 Of Comissioner Of Income Tax v. M/S.tirumala Pictures, Cuttack

S.J.C. No.07 of 1998 04. 08.12.2015 S.J.C. Nos.07,08 and 09 of 1998 Although these matters are listed for orders, Mr.Acharya, learned Sr.Standing Counsel for Income Tax Department sought to challenge the common order passed by Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in R.A.Nos.2,3 and 4-CTK of 1997 under Annexure-5 for the assessment years 1986-87, 1987-88 and 1988-89 raising various questions of law for reference. The Tribunal in a detail order has dealt with each of the issues and come to a conclusion that no question of law arises since the Tribunal has reached at a conclusion basing on appreciation of evidence and placing reliance on a decision in the case of Sir Shadilal Sugar & General Mills Ltd. Vrs. C.I.T., 168 I.T.R. 705 (S.C.). The Tribunal came to hold that so far as question No.1 is concerned, the Tribunal held that since the assessee had filed the application in Form No.11 for the assessment year 1985-86 and in Form No.12 for the subsequent years of assessment, the assessee was entitled to registration of the firm in the first year and continuation of registration had to be granted for the subsequent years. So far as question Nos.2 and 3 are concerned, the Tribunal came to hold that the same do not arise out of the order of the Tribunal as they are only against certain observations in the Tribunals order and are merely academic. After perusing the impugned order as well as the original order passed by the Tribunal, we find no reason to differ from the views expressed by the Tribunal and also find that no issue arises for admission of these SJCs and accordingly, the SJCs stand dismissed. Free copy of this order be handed over to the learned Sr.Standing Counsel for Income Tax Department. .... I. Mahanty,J. ........ Dr.D.P.Choudhury, J.