TMI Blog2014 (1) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... desh V/s. CTO and Another [1987 (4) TMI 49 - ANDHRA PRADESH High Court] -the Tribunal is ceased of its jurisdiction over that appeal, except to the limited extent of rectifying any mistake therein in terms of provisions of S.254(2) of the Act. All that the assessee speaks of is about the grievance that it has suffered on account of the consequential orders passed by the Assessing Officer for the year under consideration, while giving effect to the order of this Tribunal dated 7.5.2012 - the grievance of the assessee on account of alleged mistakes in the order, either on account of interpretational differences or even on account of disrespect/disregard to the directions of the Tribunal, shall not vest any power or jurisdiction back with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness profits for the year under appeal and which has been treated as capital gains. This amount was not on appeal and it is only in respect of the additions, the grounds raised by the assessee that they did not accrue was considered and accepted. The additions made by the Assessing Officer was deleted on the ground that such gains did not accrue during the year under appeal. 3. In this M.A. the Petitioner submitted that it did not admit any income under the head 'capital gain' in the return of income It is submitted that the petitioner offered the income under the head 'business' and the Assessing Officer assessed the same under the head 'capital gain'. He pointed out that when the Assessing Officer changed the head of income, all consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Tribunal, the assessing officer has to strictly adhere to the directions of the Tribunal. 10. It is pertinent to mention at this juncture that the income-tax authorities are required to exercise their powers in accordance with law, as per the power given to them in specific sections. If the powers conferred on a particular authority are exercised by another authority without mandate of law, it would create chaos in the administration of law and hierarchy of administration would mean nothing. Judgment of a higher forum cannot be substituted by the decisions of the lower authorities. Judicial discipline requires that there cannot be any amount of disregard to the superior authority in the hierarchy by the Assessing Officer. When on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st." 11. At this juncture, it is also pertinent to mention the observations of the High Court, by placing reliance on the judgment of the Bombay High Court in the case of Subramanian ITO V/s Siemens India Ltd. (156 ITR 11), which are as follows- "Reference may also be invited to the decision of the Bombay High Court in Subramanian, ITO v. Siemens India Ltd. [1985] 156 ITR 11. The question that arose for consideration in this case is whether the Income-tax Officer is bound by the decision of a single Judge or a Division Bench of the Court within whose jurisdiction he is operating even if an appeal has been preferred against such decision and is pending. The following observations of the Bombay High Court may be extracted : "So far as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. All that the assessee speaks of is about the grievance that it has suffered on account of the consequential orders passed by the Assessing Officer for the year under consideration, while giving effect to the order of this Tribunal dated 7.5.2012. That consequential order passed by the Assessing Officer constitutes independent proceedings, and not part of the proceedings which led to the passing of the order of the Tribunal dated 7.5.2012 on the second appeal of the assessee, and if the assessee is aggrieved by the consequential order passed by the assessing officer, it may give rise to first appellate proceedings before the CIT(A) or further appellate proceedings before the Tribunal. However, the grievance of the assessee on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
