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

  • Income Tax

Section 292C carry no presumption of correctness of seized documents contents against third party

Section 292C of the Income Tax Act 1961 indeed carries presumption of correctness of such seized documents contents but only…

7 hours ago
  • Income Tax

Condonation of delay u/s 119(2)(b) for filing revised return to avail benefits u/s 44ADA

PCIT directed to consider condonation of delay u/s 119(2)(b) in filing revised return to availing benefits of section 44ADA In…

10 hours ago
  • arbitration

Whether condition of pre-deposit prior to reference to Arbitration is arbitrary & violative of right to sue?

Whether condition of pre-deposit prior to reference to Arbitration is arbitrary and violative of the right to sue – Division…

12 hours ago
  • Income Tax

FAQs on Foreign Assets of Small Taxpayers Disclosure Scheme and Rule 2026

Frequently asked Questions on Foreign Assets of Small Taxpayers Disclosure Scheme and Rule 2026.  CBDT has released a FAQs on…

3 days ago
  • Income Tax

Foreign Assets of Small Taxpayers- Disclosure Scheme Rules 2026 notified

Foreign Assets of Small Taxpayers- Disclosure Scheme Rules 2026 notified. Rule come into force on the 16th day of August,…

3 days ago
  • GST

Order u/s 69 of the CGST Act has to be communicated before arrest of person concerned– SC

Order u/s 69 of the CGST Act authorising arrest of a person has to be communicated to him before arrest–…

6 days ago