LAWS(MPH)-2004-3-50

COMMISSIONER OF INCOME TAX Vs. RAJA GINNING UDYOG

Decided On March 10, 2004
COMMISSIONER OF INCOME TAX Appellant
V/S
RAJA GINNING UDYOG Respondents

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS appeal is at the instance of the Revenue, under Section 260a of the IT Act, 1961 (for short the Act), against the order dt. 3rd Jan. , 2003 passed by Tribunal, Indore. In this appeal, appellant is also challenging the earlier order passed by the Tribunal on 5th Oct. , 2001, whereby on application being filed by respondent-assessee herein under Section 254 (2) of the Act, the same was allowed. We are of the opinion that in the present appeal, appellant-Revenue cannot be permitted to challenge the earlier order dt. 5th Oct. , 2001, whereby the application of the assessee under Section 254 (2) of the Act was allowed. If the appellant had felt aggrieved against the said order, then at that time it should have preferred an appeal against the said order. It did not do so. Thus, the said order has attained finality. Thus, in the present appeal we are required to consider the correctness and propriety of the subsequent appellate order passed by the Tribunal.

(3.) THE matter pertains to asst. yr. 1990-91. Two questions were framed before the Tribunal by the Revenue: