COMMISSIONER OF INCOME TAX Vs. SATHYANARAYAN P.RATHI

JUDGEMENT

(1.) The Revenue is in appeal against the judgment and order of the Tribunal dated February 10, 2012. The following question has been raised for our consideration:

(2.) The assessee carried the issue in further appeal before the Tribunal. The Revenue also preferred an appeal against the order of the Commissioner (Appeals). Both these appeals came to be decided by the Tribunal by the impugned judgment. The Tribunal gave further relief to the assessee and refused the addition to the level of 121/2 per cent, in pursuance of the various purchases. The Revenue's appeal was dismissed.

(3.) We are of the opinion that the Revenue ought to have preferred two appeals if the Revenue was aggrieved by the Tribunal's verdict of not only rejecting its appeal but of allowing the assessee. However, when we are not inclined to interfere with the Tribunal's order on the merits, we do not insist on the Revenue's filing a separate appeal.