2017 (2) TMI 282

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt : Alok Mathur For the Respondent : Waseeq Uddin Ahmed ORDER 1. Both these appeals have arisen from judgment and order dated 17.12.2014 passed by Income Tax Appellate Tribunal (hereinafter referred to as "Tribunal") in Appeal Nos. 488/LKW/2009 (Assessment Year 2003-04) and 489/LKW/2009 (Assessment Year 2004-05), following substantial questions of law have been formulated by learned coun....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions. 2. Whether the Ld. Tribunal was justified in restoring the issue of applicability of Section 201(1) of the IT Act to the file of the AO for verification as to whether or not the deductee has returned losses for impugned years. And not giving direction to verify as to whether or not the deductee has paid the taxes due on its assessed income. 3. Whether the Hon'ble Tribun....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) (hereinafter referred to as "CIT(A)") held that proceedings were already barred by limitation and this finding of CIT(A) was not challenged and has attained finality. Therefore, no occasion has arisen to raise any further question in regard to Section 201(1) of Act, 1961 before this Court for the first time when against this finding, no appeal has been filed before Tribunal. 3. In this regard....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inding on merit in these two appeals. Since the Revenue has not assailed the order of the ld. CIT(A) dismissing the appeals on the point of limitation, the order of the ld. CIT(A) attained finality. Therefore, the order of the ld. CIT(A) deserves to be confirmed. Accordingly we confirm the order of the ld. CIT(A) in this regard and dismiss the appeals of the Revenue. The grounds raised on merit ca....