HC can’t dispose of appeal with just one paragraph order: SC
- Blog|News|Income Tax|
- 2 Min Read
- By Taxmann
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- Last Updated on 16 March, 2022
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Case Details: PCIT v. Motisons Entertainment India (P.) Ltd. - [2022] 136 taxmann.com 176 (SC)
Judiciary and Counsel Details
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- Uday Umesh Lalit and S. Ravindra Bhat, JJ.
Facts of the Case
In the instant case, an order was passed by the Assessing Officer (AO), adding Rs. 7,78,00,000/- to the total income of the assessee. The assessee challenged said order before the Commissioner of Income Tax (Appeals), giving partial relief.
The assessee carried the matter to the Tribunal, which has quashed the order of AO, and entire relief was granted in favour of the assessee. AO preferred an appeal before the High Court.
However, the High Court has disposed of the appeal with the following observation:
“Counsel for the appellant has taken us to the order of AO, CIT(A) and Tribunal and thereafter contended that both CIT(A) as well as Tribunal have erred in deleting the addition of Rs.1.95 crore which was made u/s 56(1). However, the Tribunal while considering the matter has discussed the law as well as factual matrix of the case. In our considered opinion, this is more an appreciation of facts rather question of law.”
AO filed Special Leave Petition before the Supreme Court of India.
Supreme Court Held
The Supreme Court has allowed the petition and held that the High Court was not right and justified in disposing of the appeal with one paragraph order without discussing the issues which arose for consideration.
Therefore, the view taken by the High Court is set aside, and the matter is remitted back to the High Court for fresh consideration.
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