2015 (1) TMI 1159

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....iled its return for the Assessment Year 1984-85 on 29.06.1984, declared total income of Rs. 5,27,547/-. After scrutiny, the Assessing Officer passed order under Section 143(3) of the Income Tax Act. Feeling aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals). The CIT(A) vide order dated 23.08.2004 dismissed the said appeal. Being aggrieved and dissatisfied with the order of th CIT(A), the assessee again filed an appeal before the Tribunal. The Tribunal vide impugned order dated 13.10.2006 allowed the said appeal. Hence, this appeal is filed at the instance of the revenue. 3. While admitting this appeal on 28.11.2007, the Court has formulated the following substanti....

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....the parties and perused the material on record. We have also perused the decision relied on by learned advocate for the respondent-assessee and find that the issue involved in this appeal is already concluded by this Court. Relevant paragraphs of the said decision read as under:- "Present Tax Appeals are of 354 cases of 100 Assessees. Special Bench of ITAT passed combined order dt. 07.07.2006. In these appeals, CIT revised assessment u/S.263 of I.T. Act of the order passed by A.O. Tribunal allowed Assesseey's appeal and reversed the order passed by CIT. Revenue preferred Tax Appeal by raising following questions of law. ..."Whether the Appellate Tribunal is right in law and on facts in holding that the assessee was entitled to ref....

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....ITO V/s. C.H. Atchaiah 218 ITR 239 S.P. Jaiswal V/s. CIT 224 ITR 619. We find that facts of these two decisions are not applicable to the present case. In the present case, issue is of protective assessments and substantive assessments. Protective assessments cannot be continued in the appellate proceedings once substantive assessments become final. In the present case, revenue assessed income in the case of Main Trust on a substantive basis, which was accepted. The finding of CIT is contrary to the decision of Tribunal dated 03-04-2000 which is not permitted. CIT being subordinate authority to the Tribunal cannot take contrary to the decision of Tribunal. When CIT revised order, controversy was already decided by this court vide order dt. ....