The division judge bench of the hon’ble chief justice of India Uday Umesh Lalit, Justice S. Ravindra Bhat, and Justice Pamidighantam Sri Narasimha of the apex court in the case of Assistant Commissioner of Income Tax Vs Ahmedabad Urban Development Authority held that wherever the appeals were decided against the revenue, they are to be treated as final.
However, the reference to future application has to be understood in this context, which is that for the assessment years which this court was not called upon to decide, the concerned authorities will apply the law declared in the judgment, having regard to the facts of each such assessment year.
BRIEF FACTS
The factual matrix of the case is that the application was filed in order to seek clarification on para 254 of the judgement should be such as to “enable the Revenue to redo the assessments in accordance with the above judgments for the past and examine the eligibility on a yearly basis for the future and thus render justice.”
It was claimed on behalf of the revenue, that the clarification it wants is necessary because in Para 253 H and in Para 254, it has been prevented from examining the facts and assessing the concerned assessment years, in respect to the assesses in these appeals. It was argued that the judgment's conclusions and those in the aforementioned two paragraphs prevent it from dealing with the assessments of parties in this court. In addition, it was said that the dismissal of the revenue's appeals prevents future consideration of the merits of these evaluations.
COURT’S OBSERVATION
The hon’ble court held that the reference to application of the law declared by this court’s judgment, therefore, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided;wherever the appeals were decided against the revenue, they are to be treated as final. However, the reference to future application has to be understood in this context, which is that for the assessment years which this court was not called upon to decide, the concerned authorities will apply the law declared in the judgment, having regard to the facts of each such assessment year. In view of this discussion, no further clarification is necessary or called for.
CASE NAME- Assistant Commissioner of Income Tax Vs Ahmedabad Urban Development Authority
CITATION- MISCELLANEOUS APPLICATION NO. 1849 OF 2022
CORUM- hon’ble chief justice of India Uday Umesh Lalit, Justice S. Ravindra Bhat, and Justice Pamidighantam Sri Narasimha
DATE- 03.11.22
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