Tribunal Being Fact-Finding Body, Unless Perversity Shown, High Court Can’t Interfere: Calcutta High Court
Live LawThe Calcutta High Court has held that unless and until the order passed by the Tribunal suffers from any perversity or ignores any vital fact in an appeal under Section 260A of the Income Tax Act, the Court is not expected to interfere with the order.The division bench of Justice T.S. The Calcutta High Court has held that unless and until the order passed by the Tribunal suffers from any perversity or ignores any vital fact in an appeal under Section 260A of the Income Tax Act, the Court is not expected to interfere with the order. The court held that every loss of revenue cannot be treated as prejudicial to the interest of revenue, and if the assessing officer has adopted one of the courses permissible under law, or where two views are possible and the assessing officer has taken one view with which the CIT does not agree, it cannot be treated as an erroneous order, unless the view taken by the assessing officer is unsustainable under law. Case Title: PCIT Versus Britannia Industries Ltd. Case No: ITAT/211/2022 Citation: 2023 LiveLaw 3 Date: 23.12.2022 Counsel For Appellant: Advocate Amit Sharma Counsel For Respondent: Advocates R.K. Muraka, Sutapa Roy Choudhury, Aratrika Roy
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