Law:

Section:

Section 254 of the Income-tax Act, 1961 [Corresponding to Section 33(1) of the Indian Income-tax Act, 1922] - Appellate Tribunal - Power of - Assessment year 1948-49 - Whether on appeal to Tribunal can only be taken against a part of order against which appellant can be said to be feeling aggrieved - Held, yes - During course of assessment, ITO made addition to returned income of assessee as part of branch profits of assessee arising from its branch at "R" - While appeal against said addition was pending a settlement was arrived between assessee and department and department agreed to delete said addition - Accordingly, when AAC decided appeal ITO conceded deletion of said amount and AAC, recording that concession deleted that amount - However, subsequently department appealed to Tribunal against said deletion by AAC - Whether it was impossible that department could be treated as being aggrieved by that part of the order so as to entitled to take an appeal to the Tribunal - Held, yes - Whether therefore, Tribunal had no jurisdiction to deal with said deletion in face of AAC's statement that ITO had conceded point and had no objection to exclusion of that amount from assessment - Held, yes FACTS In the assessment of the assessee for the relevant assessment year, the ITO included a sum of Rs. 4,72,500 as part of the branch profits of the assessee arising out its branch of place "R". While the appeal against the assessment order, which, inter alia, challenged the said inclusion of Rs. 4,72,500 was pending, there were negotiations between the assessee and the department with regard to a large number of disputes relating to the income of the assessee in several different kinds of transactions. It appeared that as a result of those negotiations, an agreement was arrived at between the IAC and the assessee. According to that settlement, the parties agreed that the sum of Rs. 4,72,500, which had been included in the assessee's assessment should be deleted and since that assessment order was before the AAC in appeal, the department should concede in that appeal to the deletion of the said amount from the assessment. In accordance with this agreement, when the AAC…

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