High Court Dismisses Income Tax Appeal, Finds No Substantial Question of Law in ITAT's 2012-13 Assessment Ruling.

The HC dismissed the appeal under Section 260A of the Income Tax Act, 1961, against the ITAT's order for the Assessment Year 2012-13. The court determined that the cross objections raised by the assessee were academic, as they merely supported the first appellate order without substantial arguments. Additionally, the HC found no substantial question of law warranting consideration, leading to the dismissal of the appeal. The judgment was delivered by Justices Sushrut Arvind Dharmadhikari and Pranay Verma.

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Issues involved:
The judgment involves the appeal under Section 260A of the Income Tax Act, 1961, challenging the final order passed by the Income Tax Appellate Tribunal (ITAT) Indore in Cross Objection No. 04/IND/2021 for the Assessment Year 2012-13.

Issue 1:
The first substantial question of law raised in the appeal questions whether the ITAT erred in not deciding the grounds raised by the appellant in the cross objection, specifically ground no. 3 related to the Assessment Year 2012-13.

The High Court found that the grounds of the assessee for the relevant assessment years were identical and similar, with no distinct or dissimilar factual situation. The conclusion reached in the appeal by the Revenue for the earlier assessment year applied mutatis mutandis to the subsequent years. As the assessee's cross objections were filed merely to support the first appellate order without substantial arguments, and since the appeals of the Revenue were dismissed for all relevant years, the cross objections were considered academic and were dismissed.

Issue 2:
The second substantial question of law raised in the appeal questioned whether the ITAT overlooked all the grounds raised in the cross objection and whether the ITAT's order was perverse, particularly regarding ground no. 3.

The High Court, after considering the arguments presented, found that none of the proposed substantial questions of law, including the ones raised in the appeal, warranted consideration. It was concluded that no substantial question of law was made out by the assessee, leading to the dismissal of the appeal against the ITAT's order.

Separate Judgement:
The judgment was delivered by Hon'ble Shri Justice Sushrut Arvind Dharmadhikari and Hon'ble Shri Justice Pranay Verma.

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