Income Tax

Courts not to decide academic issues unless any injury is suffered or legal right is infringed

Courts are not supposed to decide academic issues unless any injury is suffered or any legal right is infringed of the person preferring the appeal

ABCAUS Case Law Citation:
ABCAUS 2631 (2018) (11) HC

The assessee had filed an Income Tax Appeal raising the following substantial questions of law: 

(a) Whether on a true & correct interpretation of law, the power, to enhance assessed income, is NOT available with the CIT (A) u/s 250(A), after the expiry of 6 years from the end of the relevant Assessment Year in relation to which the appeal is preferred by the assessee, due to bar of limitation? 

(b) Whether on a true & correct interpretation of law, the power of enhancement cannot be exercised by the CIT(A) to discover new sources of income or is invocable in relation to issues beyond the subject matter of appeal as per the full bench judgment of the Hon’ble Delhi High Court? 

The Hon’ble High Court observed that the questions of law were purely academic in nature inasmuch as there was no tax effect involved in relation thereto.

The Hon’ble High Court opined that it is settled law that the Courts are not supposed to decide academic issues unless any injury is suffered or any legal right is infringed of the person preferring the appeal. 

In view of the above, the Hon’ble High Court declined to adjudicate upon the above questions of law and left them open to be decided in any other suitable case.

The Court was pleased to give opportunity to the appellant/parties to raise those questions in any future case before the authorities including Tribunal involving the aforesaid questions and the Tribunal would adjudicate the same uninfluenced by the finding or observation made in the impugned order. 

Download Full Judgment Click Here >>

Share

Recent Posts

  • GST

Goods loaded in two trucks with one e-way bill stating both truck numbers – No evasion

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade…

16 hours ago
  • Labour Laws

GOI makes four new Labour Codes  effective from 21st November 2025

GOI makes four new Labour Codes  effective from 21st November 2025 Government of India has announced that the four Labour…

18 hours ago
  • EPFO

Provident fund dues have first charge over claim of bank under SARFAESI Act – SC

Provident fund dues definitely have a first charge over claim of bank under SARFAESI Act – Supreme Court In a…

1 day ago
  • Income Tax

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT…

2 days ago
  • contract-law

UP Govt. notifies reduced rate of registration/stamp duty fees on lease agreements

Uttar Pradesh Government has notified reduced / concessional rate of registration and stamp duty fees on lease / rent agreements.…

2 days ago
  • Income Tax

First-time experience in filing appeal a reasonable & bona fide cause for delay

First-time experience in filing appeal was a reasonable and bona fide cause for delay – ITAT condoned delay In a…

4 days ago