TMI Blog2013 (10) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal has not committed any error – Decided against the Assessee. - ITA NOS.119-120/2013 - - - Dated:- 21-6-2013 - D. V. SHYLENDRA KUMAR AND B.S. INDRAKALA , JJ. For the Appellant : Nageswar Rao. For the Respondent : K.V Aravind. JUDGMENT:- These appeals by the assessee is directed against the order dated 9th November, 2012 passed by the Income Tax Appellate Tribunal in ITA Nos. 557 and 558/Bang/2012 for the assessment years 2006-2007 and 2007-2008. 2. Assessee is a Private Limited Company. Under the impugned order, the Appellate Tribunal had in fact allowed the appeals of the assessee though termed it as for statistical purposes, had directed the Assessing Officer to examine the claims put forth by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical direction to the assessing authority not to go by directions issued by the Commissioner (Appeals) which virtually amounts to the Tribunal as appellate authority has set aside the direction issued by the Commissioner. 6. It is against this remand order for the two assessment orders, the present appeals by the assessee. Appearing on behalf of the appellant/assessee, submission of Sri Nageshwar Rao, learned Counsel is that the Tribunal has committed an error in not deciding the question of jurisdiction which has been specifically raised by the assessee in the appeal; that in the first instance, the Commissioner assumed jurisdiction by over looking the objections raised by the assessee that the order was not erroneous and secondly, the q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance on the judgment of the Supreme Court in the case of COMMISSIONER OF INCOME TAX vs- SMIFS SECURITIES LTD rendered on 22 nd August, 2012 in Civil Appeal No. 5961/2012 arising out of SLP (C) No. 35600/2009 . Submission placed on this decision is that a goodwill is held as part of the asset within the scope of Section 32 of the Act in that case and therefore, depreciation can be claimed etc. 11. We notice that the question really does not arise from the order of the Tribunal for the simple reason that the Tribunal has not decided the issue. Question of law arises from the order of the Tribunal only when the question is decided by the Tribunal, one way or the other. 12. Mr. Nageshwar Rao, learned Counsel appearing on behalf of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er does not assign any reason for passing an order having effect on the revenue in the sense that allowing or disallowing a claim put forth by the assessee and if that is not the correct thing, it can amount to an erroneous order. The Tribunal as well as the Commissioner of Income Tax have placed reliance on the decision of this Court in the case of CIT vs- INFOSYS TECHNOLOGIES LTD. RENDERED ON 4 TH JANUARY, 2012 IN ITA NO. 588/2006 AND OTHER CONNECTED CASE ETC. 15. Mr. Aravind, learned Standing Counsel for the revenue points out to this decision and submits that an assessment order without assigning reasons is erroneous and prejudice to the interest of revenue if it has resulted in loss of revenue or has resulted in reducing the tax li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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