2023 (11) TMI 652

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....Hon'ble Shri Justice Sushrut Arvind Dharmadhikari And Hon'ble Shri Justice Pranay Verma For the Petitioner : Shri Ashish Goyal, Counsel For the Respondent : None JUDGMENT This appeal preferred under Section 260A of the Income Tax Act, 1961 assailing the final order dated 10.02.2023 passed by the Income Tax Appellate Tribunal (ITAT) Indore in Cross Objection No. 04/IND/2021 (ari....

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....ate Authority? (3) Whether the order of the Ld. ITAT is perverse and therefore to the extent of the ground no.3 order of the Ld. ITAT ought to have been set aside? 2. During the course of arguments, learned counsel for the appellant pressed the aforesaid three substantial questions of law. 3. Learned counsel for the appellant is heard on the question of admission. 4. The findings....

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....e having been dismissed for the A.Ys. 2011-12, 2012-13 and 2013-14, the cross objection having become academic and infructuous were not adjudicated. In the result, the cross objections raising the grounds (1) to (3) filed by the assess were dismissed. 5. In the matter of Santosh Hazari vs. Purushottam Tiwari MANU/SC/0091/2001:[2001] 3 SCC 179, the Hon'ble Supreme Court has observed the foll....

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....on involved in the case unless it goes to the root of the matter. It will, therefore, depend on the facts and circumstance of each case whether a question of law is a substantial one and involved in the case, or not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation to do justice at all stages and impelling necessity of avoidin....