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2022 (5) TMI 1014 - HC - Income TaxValidity of assessment order passed u/s 253 - Draft Assessment Order on two issues i.e., the arm’s length and the Rate - Assessing Officer had opined that the petitioners would be liable to pay capital gains tax at the rate of 20% instead of 10% - DRP has examined the first ground viz. the arm’s length and has issued certain directions which has resulted in the Assessment orders that are impugned in the respective appeals as aforesaid, the DRP has not examined the second ground on the question of its jurisdiction - HELD THAT:- This Court, in the peculiar circumstances of the case, and the fact that the Department does not dispute that the question of the Rate could also be gone into in the pending appeals, is of the considered view that there should be no impediment to the appellate Tribunal to consider the petitioners’ grounds even as regards the Rate. Therefore, the petitions must be disposed of with liberty to the petitioners to prosecute their appeals even as regards the Rate.
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