Income Tax Act, 1961; Section 260-A :
Appeal under Section 260-A-Procedural requirements-Held : High Court not empowered to decide an appeal without following due procedure
prescribed therefor-Since High Court disposed of the appeal without
formulating and determining question of law at admission stage, matter remitted
to the High Court for deciding it afresh strictly following the procedural
requirements of Section 260-A. Question of law vis-a-vis substantial question of law-Distinction between Right of appeal-Regulations of
The question which arose for determination in these appeals were as to whether High Court is empowered to dispose of an appeal filed under
Section 260-A of the Income Tax Act without formulating a question of
law at the stage of admission and disposing it of without determining as
to whether the question formulated was substantial question of law.
However, the basic dispute/issue came before the High Court for determination was relating to Income tax liability on the amount received
by the assessees/partners out of the sale proceeds of assets of a dissolved
firm.
It was contended by the appellant-assessees that the arguments raised
by them relating to non-applicability of the principle of slump sale were not considered by the High Court; that before amendment of Section 50B
of the Income Tax Act by Finance Act, 1999 there was no scope for levying
any tax under the heading 'capital gain'; and that no question was
formulated by the High Court at the admission stage, however, the
questions were formulated by the High Court for the purpose of adjudicating the appeals.