Commissioner of Income Tax Vs. Ashok Kumar Aggarwal - Court Judgment

Excerpt:
- order1. having heard learned counsel for the parties and carefully perused the order of the judicial member, dt. 26th feb., 1999, we are of the view that substantial questions of law do arise from the order of the tribunal.2. admit.3. the following questions of law are framed for adjudication :1. 'whether, on the facts and in the circumstances of the case and having regard to the format of question no. 2, framed by the two members while making reference to the third member under section 255(4) of the it act, 1961, the third member was justified in going into the merits of the case ?' 2. 'if answer to the first question is in the negative, whether in the facts and inthe circumstances of the case, the tribunal was correct in deleting the additionmade by the ao ?' . it is clarified that question no. 2 is being formulated only with a view to safeguard the interest of revenue.4. the appellant shall file within three months ten copies of the cyclostyled paper books, containing all documents on which reliance was placed before the tribunal, including any order/orders, either in the case of the assessed itself or in case of any other assessed, which has been followed by the tribunal.the appeal be listed for hearing in the normal course.

Judgment:
ORDER

1. Having heard learned counsel for the parties and carefully perused the order of the Judicial Member, dt. 26th Feb., 1999, we are of the view that substantial questions of law do arise from the order of the Tribunal.

2. Admit.

3. The following questions of law are framed for adjudication :

1. 'Whether, on the facts and in the circumstances of the case and having regard to the format of question No. 2, framed by the two Members while making reference to the Third Member under Section 255(4) of the IT Act, 1961, the Third Member was justified in going into the merits of the case ?'

2. 'If answer to the first question is in the negative, whether in the facts and inthe circumstances of the case, the Tribunal was correct in deleting the additionmade by the AO ?' .

It is clarified that question No. 2 is being formulated only with a view to safeguard the interest of Revenue.

4. The appellant shall file within three months ten copies of the cyclostyled paper books, containing all documents on which reliance was placed before the Tribunal, including any order/orders, either in the case of the assessed itself or in case of any other assessed, which has been followed by the Tribunal.

The appeal be listed for hearing in the normal course.