TMI Blog2016 (6) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 13-6-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MR JP SHAH, ADVOCATE FOR THE OPPONENT : MRS MAUNA M BHATT, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. By way of this Appeal, the Appellant has challenged the judgment and order dated 12.03.1999 of the Income Tax Appellate Tribunal, Ahmedabad Bench B , Ahmedabad in ITA No.1889/Ahd/1993 for the Assessment Year : 1989-90 whereby the Appeal of the Department was allowed. 2. While admitting the matter on 16.07.2001, the following substantial questions of law were framed by the Court for consideration :- 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Global (P) Ltd. v. Commissioner of Income-tax, Ghaziabad reported in [2009] 178 taxman 347 (SC) and Paragraph 6 of the said judgment reads as under :- 6. In the case of Hukumchand Mills Ltd. v. CIT reported in (1967) 63 ITR 232 this Court has held that under Section 33(4) of the Incometax Act, 1922 (equivalent to Section 254(1) of the 1961 Act), the Tribunal was not authorized to take back the benefit granted to the assessee by the AO. The Tribunal has no power to enhance the assessment. Applying the ratio of the said judgment to the present case, we are of the view that, in this case, the AO had granted depreciation in respect of 42,000 bottles out of the total number of bottles (5,46,000), by reason of the impugned judgment. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) and 253 of the Income Tax Act as also to Section 24(5) of the Wealth Tax Act, which read as under :- Section 251(1)(a) of the Income Tax Act Power of the Commissioner (Appeals) 251(1) In disposing of an appeal, the Commissioner (Appeals) shall have the following powers - (a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment . Appeals to the appellate Tribunal 253. (1) Any assessee aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order - (a) an order passed by a [Deputy Commissioner (Appeals)] [before the 1st day of October, 1998] [or, as the case may be, a Commissioner (Appeals) under [***] [section 154], [***] s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 155 in respect of such order; (f) an order passed by the prescribed authority under subclause (vi) or sub-clause (via) of clause (23) of section 10.] Section 24(5) of the Wealth Tax Act,1957 (5) The Appellate Tribunal may, after giving both parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the assessment or penalty : 446 [Provided that if the valuation of any asset is objected to, the Appellate Tribunal shall, (a) in a case where such valuation has been made by a Valuation Officer under section 16A, also give such Valuation Officer an opportunity of being heard; (b) in any other case, on a request being made in this behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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