TMI Blog2012 (11) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... hen it was not challenged on any other grounds within the period of limitation - even if the appeal is admitted by the order of the Court the question of entertain ability will arise. Thus applying the doctrine of merger and also estoppel this appeal is not maintainable. Under the circumstances other arguments advanced on the merit of the case should be considered by this Court - appeal dismissed. - I.T.A. No. 187 of 2004 - - - Dated:- 19-10-2012 - Mr. Kalyan Jyoti Sengupta, Asim Kumar Mondal JJ. K. J. Sengupta, A.C.J.:- The above appeal has been preferred against consolidated order dated 28th November, 2003 passed by the learned Tribunal for the assessment years 1986- 87 to 1988-89 and 1993 to 1998-99. The above appeal was admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices for Research in connection with Acetal Resins and Hexamine, value added products which could be manufactured from the appellant s existing product formaldehyde, as unrelated to the appellant s existing business and its purported findings in that behalf are arbitrary, unreasonable and perverse? (v) Whether the Tribunal was justified in law in upholding the addition of Rs.2,82,573/- made in the assessment year 1988-89 on account of notional interest on investment made with M/s. Kamarhatty Co. Ltd., rejecting the change in the method of accounting bona fide made by the appellant and followed regularly and consistently and its purported findings in that behalf are arbitrary, unreasonable and perverse? (vi) Whether the Tribunal was just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Whether the Tribunal was justified in law in upholding the addition of Rs.2,82,573/- made in the assessment year 1988-89 on account of notional interest on investment made with M/s. Kamarhatty Co. Ltd., rejecting the change in the method of accounting bona fide made by the appellant and followed regularly and consistently and its purported findings in that behalf are arbitrary, unreasonable and perverse? It appears from the records that before this appeal was preferred to challenge the impugned judgment and order the assessee initiated proceeding before the Tribunal. It appears from the records that 13 miscellaneous applications were made in relation to all the assessment years with a prayer for rectification of errors that were crept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant submits that by the subsequent order dated 20th of December, 2004 the learned Tribunal dealt with the three issues and also with certain other grounds which were not dealt with by it in the order dated 28th November, 2003. According to him order dated 28th November, 2003 did not deal with the various points and therefore his client is entitled to agitate the same. Thus he made submission on the merit of the appeal. Mr. Som, learned counsel appearing with Mr. Bhowmick for the Revenue has taken a preliminary point that the appeal is not maintainable at all with the passing of the order dated 20th December, 2004 order impugned herein has been merged. Admittedly, no appeal has been preferred against the judgment and order pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the original order of the Tribunal passed in I.T.A. Nos.426, 428(Cal)/2001 and 72 (Kol)/2002 dated 28.11.2003 shall prevail and stand accordingly. Thereafter the learned Tribunal proceeded to decide the matter as mentioned in the said order and it was decided after hearing as follows: We have heard the rival submissions and perused the orders of both the lower authorities. We find that in the assessment year 1998-99 on the similar facts of the case, the issue had been decided in favour of the assessee by the Tribunal vide its order dated 28.11.2003 in I.T.A. No.42 (Kol)/2003 and the appeal of the Revenue was dismissed. Facts being similar and in the absence of any distinguishing features pointed out by the Ld. D.R. respectfully foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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