High Court matter cases

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CA Namrata Shetty (Querist)
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02 June 2010 During scrutiny proceedings some disallowances were made by the A.O.Assessee against these disallowances went to CIT(A. There assessee's appeal was allowed.Dept against this filed an appeal in ITAT.ITAT also passed an order in favour of assessee. Now the dept has filed an appeal in High court.Assessee has recd a copy of appeal memo u/s. 260A filed in the Bombay High Court.What should the assessee do now? What is the further procedure?

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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02 June 2010 i didnt get you what you want after appeal filed in High Court by Dept. What clarity you need it

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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02 June 2010 Or onething you can do is that argue that the case does not involve substantial question of law. thats it

CA Namrata Shetty

CA Namrata Shetty (Querist)
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02 June 2010 No actually I wanted to clarify that, like in case of ITAT appeal, if eg. dept files ITAT appeal, then we can also file a memorandum of cross objections to the tribunal. So, in the same way,here also do we have to do something or just wait for the hearing and directly go for argument?

CA Shiv

CA Shiv (Expert)
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02 June 2010 Just wait for the hearing. its intimation about the case file to High court. You cannot object it as of now. Submisisions wil be made again by A.O. you will get further intimation soon.

CA Namrata Shetty

CA Namrata Shetty (Querist)
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02 June 2010 ok thank u.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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02 June 2010 No, look at my second answer that would suffices your answer. you have to argue that there is no substantial question of law in this case to place before High Court

CA Namrata Shetty

CA Namrata Shetty (Querist)
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09 June 2010 someone told me that we should hire a counsel who will continuously keep a track of, when the case will be put up for hearing. They will not send any separate intimation about the hearing.We ourselves have to keep a track.

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