2014 (8) TMI 120

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....t/ Assessee, submits that the matter was earlier decided by the Income Tax Appellate Tribunal on 24.03.2010. The Revenue challenged that order before this Court. Against the order passed by this Court in the Revenue's Appeal and being unsuccessful, the Department/ Revenue challenged the order before the Honourable Supreme Court and our attention is invited to the order passed by the Honourable Supreme Court firstly on 30.07.2012 in which the Supreme Court recorded the statement of the Assessee that it would file an additional affidavit. The Assessee was granted time to file an additional affidavit. The Honourable Supreme Court, according to Mr.Pardiwala, desired to know from the Assessee whether it had communicated to the Assessing Offi....

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.... Advocate who later on clarified that he had no instructions to concede to any remand much less argue the Appeal. He was instructed to seek an adjournment. Secondly, the Tribunal could not have then held that the Commissioner of Income Tax was justified in exercising his powers under Section 263 of the Income Tax Act, 1961. That is not the issue which could have been examined again and after its stand concluded by the orders passed earlier and particularly that of the Honourable Supreme Court. Mr.Pardiwala, therefore, submits that the Appeal raises a substantial question of law. 3. Upon perusal of the memo of Appeal and the impugned order, so also, the order passed by the Honourable Supreme Court we are of the opinion that the Appeal doe....