Income Tax Act, 1922

 

Sections-31(2) and (2B)

The view taken by the High Court Division that there is no provision in the said Act for taking fresh evidence or materials at the appellate stage is not correct — We find that the appellate powers of the Appellate Joint Commissioner of Taxes are no different and no less than those of the Deputy Commissioner of Taxes. [Paras- 17 & 18]

Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes 5 BLT (AD)-171

Section-5(8)

In this case the National Board of Revenue has only issued a circular in exercise of its powers under section 5(8) of the said Act. The circular is in the nature of a direction upon Assessing Officers to appreciate evidence of certain materials produced before them in a particular manner, instructions which are binding on them. The only argument which was available with the Appellate Joint Commissioner of Taxes in avoiding the circular is that the assessments were already made when the circular had not yet been issued and therefore the assessments were a closed transaction. But obviously the assessments were not a closed transaction and the Appellate Joint Commissioner of Taxes had the whole question of assessment open before him. If there was a subsequent circular of the National Board of Revenue requiring the assessing officer to treat the evidentiary value of an audit report in a particular manner then that circular was as much binding on the Appellate Joint Commissioner of Taxes as upon the original assessing officer because the assessment had still not attained a finality. [Para-24]

Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes 5 BLT (AD)-171.

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