Law:

Section:

Section 80-I, read with section 260A, of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial undertakings, etc., after certain dates - Assessment years 1991-92, 1993-94 and 1996-97 - Assessing Officer rejected assessee's claim for deduction under section 80-I on ground that assessee, engaged in business of printing of lottery tickets, could not be said to be an industrial undertaking engaged in manufacture or production of articles or things - But Tribunal allowed claim - Tribunal had also allowed claim for assessment years 1992-93, 1995-96 and 1997-98 and that order was not challenged by revenue and had attained finality - Whether since there was no change in business of assessee and no fresh material had been brought on record by lower authorities warranting fresh consideration, appeals were liable to be dismissed - Held, yes FACTS The assessee was engaged in the business of printing of lottery tickets. Its claim for deduction under section 80-I was rejected by the Assessing Officer on the ground that it could not be said to be an industrial undertaking engaged in the manufacture or production of articles or things. But the Tribunal allowed the assessee's claim. The assessee submitted that the claim had been allowed by the Tribunal for the assessment years 1992-93, 1995-96 and 1997-98 and that order had not been challenged by the revenue. But the revenue submitted that since the issue involved was legal and the principle of res judicata did not apply to proceedings under the Act, the appeals should be entertained. On appeals under section 260A : HELD True that each assessment year being independent of the other, as a general rule, the principle of res judicata or estoppel by record, which applies to civil courts, does not apply to income-tax proceedings but, yet for the sake of consistency and for the purpose of finality in all litigations, including litigation arising out of fiscal statutes, earlier decisions on the same question should not be reopened unless some fresh facts are found in the subsequent year. The Supreme Court in Radhasoami Satsang v. CIT [1992] 193 ITR 321/ 60 Taxman 248observed that where a fundamental aspect…

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