Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 416 - HC - Income TaxAssessment u/s 153A - necessity of incriminating material during the course of search - ITAT remanded the back relying upon the decision in Lancy’s case [2016 (2) TMI 797 - KARNATAKA HIGH COURT], wherein HC has dismissed the appeal - Held that:- A judgment of the court becomes binding only when a question arises for consideration, is contested by both sides and thereafter findings are recorded by the Court. None of these conditions have been fulfilled. There is no notice issued to the other side. No question of law has been determined. The appeal was dismissed, as being bereft of any substantial question of law. Therefore, the judgment reported in Lancy’s case cannot be said to be applicable in law or that it is binding for any reason whatsoever. Under these circumstances, when the Tribunal has relied on the judgment in Lancy’s case, we are of the view that a grave error has been committed. Therefore, the only issue that Lancy’s case has been wrongly followed, the impugned order requires to be set aside. - Matter restored before the ITAT
|