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2006 Supreme(Raj) 1614

High Court Of Rajasthan
Judgename : RAJESH BALIA,R.P.VYAS
CIT, UDAIPUR - Appellant
Versus
PURSHOTTAM MALI - Respondent
INCOME TAX APPEAL 60 Of 2006
Decided On : 05/23/2006

Advocates Appeared:
K.K.Bissa

The court's decision was based on the principle that when the facts and issues in multiple appeals are identical, the outcome of one appeal can influence the decision of another.

Headnote:

Income Tax - Appeal - The court dismissed the appeal filed by the revenue as the facts and issues arising in all the appeals decided by the tribunal were identical, and the appeal must also fail in terms of the previous order.

Fact of the Case:

The appeal arose from the order of the Income Tax Appellate Tribunal, Jodhpur Bench, relating to assessment years 1992-93 to 1994-95 and 1996-97, as well as cross objections filed by the assessee for the assessment year 1992-93.

Finding of the Court:

The court dismissed the appeal filed by the revenue, as it was found that the facts and issues arising in all the appeals decided by the tribunal were identical, and the appeal must also fail in terms of the previous order.

Issues: The main issue was the similarity of facts and issues across the appeals filed by the revenue, leading to the dismissal of the appeal.

Ratio Decidendi: The court's decision was influenced by the identical nature of facts and issues across the appeals, leading to the conclusion that the appeal must also fail in line with the previous order.

Final Decision: The appeal filed by the revenue was dismissed by the court.

Judgment

( 1 ) THIS appeal arising out of the order of the Income Tax Appellate Tribunal, Jodhpur Bench, jodhpur passed in four appeals filed by the revenue relating to assessment year 1992-93 to 1994-95 and 1996-97 as well as cross objection filed by the assessee in relation to assessment year 1992-93.

( 2 ) THE appeal filed by the revenue, raising the similar issue, has been dismissed. It has been pointed out by the learned counsel for the revenue that the appeal against the order passed in ITA No. 203/jdpr/2002 was subject matter of d. B. Income Tax Appeal No. 48/2005 along with the order passed in the cross-examination relating to that assessment.

( 3 ) THE said appeal has been dismissed vide judgment dated 5/11/2005 as the facts and issues arising in all the appeals decided by the tribunal are identical, this appeal must also fail in terms of the order dated 5th July, 2005. Accordingly, the appeal fails and is hereby dismissed.

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