Case Law Details
DECIDED BY: HIGH COURT OF ALLAHABAD, IN THE CASE OF: CIT Vs. Swapna Roy APPEAL NO: ITA No. 9 of 2005, DECIDED ON May 24, 2010
_______JUDGEMENT_______
1. Appeal under Section 260-A of the Income Tax Act was admitted on 14.2.2005. The Court has not framed substantial question of law itself while admitting the appeal keeping in view the question of law framed by the appellant enumerated in the memo of appeal. After hearing learned counsel for the parties on 18.3.2010, the following substantial question of law was framed by the Court:
1. Whether the first appellate court and the tribunal had committed substantial illegality by deleting the addition with regard to interest on the loan taken from a company of Sahara Group without recording any finding with regard to dominant purpose for which the loan was taken keeping in mandate of class-III of Section 57 of the Income Tax Act?
2. Keeping in view the fact that the controversy with regard to assessment year 1994-95 and subsequent year 1997- 98 has been settled upto appellate stage and question involve in the present assessment year is the same as of those years now it is not open for this court to enter into illegality committed by the appellate authority or tribunal and appeal is not maintainable ?
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