TaxTMI 
TaxTMI 
2014 (9) TMI 363
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....notice under Section 136 of the Income Tax Act that the cost was Rs. 7,000 to Rs. 8,000/- per bigha as on 01.01.1981. The assessees were asked to show-cause as to why the cost of land should not be taken at Rs. 8,000/- per bigha and capital gain be calculated on that basis. On the date fixed for hearing, appellants gave their acceptance for applying the rates for cost of acquisition of land at Rs. 8,000/- per bigha. On the said basis, the rate was applied; the cost was worked out; and there is resultant assessment on the capital gains. 3. There is no dispute that there was a communication in writing signifying the assent of the appellants for the cost being determined at Rs. 8,000/- per bigha in place of Rs. 2,70,000/- per bigha, as sought to be made out in the return of the appellants assessees. According to the appellants, this was agreed to on the condition that there would be no penalty proceedings and it was for buying peace that the said concession was made. However, proceedings were taken to impose penalty under Section 271(1)(c). Thereupon, appellants had preferred appeals before the Commissioner of Income Tax under Section 246A of the Income Tax Act. There was delay in ....
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....he delay was explained under the circumstances of the case. He would also point out that, contrary to what was agreed, penalty proceedings were commenced and, in fact, levied, which formed the basis for the appeals being lodged. 7. Per contra, Mr. H.M. Bhatia, learned counsel for the revenue, would submit that no ground is made out to interfere with the order impugned. He would also draw the attention of this Court to the unreported judgment of this Court in support of his contention. 8. Section 246A of the Income Tax Act, undoubtedly, provides for a right to appeal against an order of the nature, which we are dealing with. But, Section 246A provides a right of appeal only to a person, who is aggrieved. We may also advert to Section 96 of the Code of Civil Procedure. In Section 96 of the Code of Civil Procedure, appeal is provided against the decrees as provided therein. Section 96 also provides, however, that no appeal will lie against a consent decree. But, it is well settled that, under Section 96, an appeal can be maintained by any aggrieved party with the leave of the court. In Section 246A, right of appeal is carved out only in favour of a person, who is aggrieved. We a....
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....essment was made on the basis of the assessee's concession. The court took the view that separate assessments should have been made on the old firm up to the previous year and for the period prior to the death of the partner and the single assessment for the entire period could not be made. It is, in the said context, that the court took the view that the contention of the revenue that no appeal lies against the assessment order because it is based on concession could not be accepted. In fact, it is noticed that no such objection was raised before the appellate Commissioner or the Tribunal. We find that, more importantly, the court noted that the assessee was an aggrieved person because the assessment was framed by the Income Tax Officer on a concession wrongly made on question of law. We find that the said judgment is clearly distinguishable. 12. We notice further that in the case of Chhat Mull Aggarwal vs. Commissioner of Income Tax, Patiala, reported in (1979) 116 ITR 694, a Division Bench of the Punjab & Haryana High Court had an occasion to consider the question as to whether an appeal will lie in the following circumstances: "During the previous year relevant to the ass....
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....be a different matter if the AAC comes to the conclusion that the order was passed on the admission of the assessee and the assessee is unable to explain that the admission was wrongly recorded under some mistaken belief of fact and law. In that case, the AAC may dismiss the appeal on merits. In a case where the admission of the assessee has been wrongly recorded in the assessment order, it is open to the assessee to file a petition for rectification, but, where the said order is appealable, it is equally open to the assessee to avail of the remedy of appeal and the appellate authority will have to decide the appeal on merits. Nor is it necessary for the assessee to file an affidavit in support of his submissions in all cases. The assessee may choose to file an affidavit in support of his submissions and if he chooses not to file any such affidavit, the circumstances, appearing on the file have to be judged in the light of the material available and if there are sufficient circumstances on the file to come to the conclusion that the admission made by the assessee was not binding on him, in that case he will be entitled to the relief in appeal." 14. We need not venture forth to p....