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Appeals filed by revenue without Proper reasons/explanations not maintainable: HC

Case Law Details

TaxGuru Citation
2015 taxguru.in 987
Case Name
CIT Vs Proctor and Gamble Home Products Ltd. (Bombay High Court)
Date of Judgement/Order
Only available for paid members
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Summary of the Case

The Hon’ble Bombay High Court in this case have dismissed the appeals of the revenue as the case was covered by the decision of CIT v/s. Geoffrey Manners and Co. Ltd. 315 ITR 134. The appeal of the Revenue on an identical issue from the orders of the Tribunal were dismissed by this Court in Income Tax Appeal Nos.202 of 2011 on 4th July, 2012, Income Tax Appeal (L) No.1321 of 2011 and Income Tax Appeal (L) No.1322 of 2011 on 12th March, 2013. The appeal memo does not indicate any reason why the Revenue is seeking to appeal against order which already stands concluded in favour of the Assessee. Also, the Revenue was not able to give any explanation on the date of hearing.

The Hon’ble High Court dismissed the appeals of the Revenue and observed that  the appeals filed by the Revenue was in a very causal manner without indicating the basis of the challenge. Further, it was observed that Rule of law implies certainty of law. These filing of appeals subjects an assessee to unnecessary expenditure and at times anxiety. Even the Revenue incurs substantial expenses in pursuing unwarranted cases, which are a sheer waste of public money.

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