Income Tax

Tribunal not justified in remanding case when records are available with it – High Court

Tribunal not justified in remanding the case when documents are available with it. It was the duty of the tribunal to consider the same – High Court

 

ABCAUS Case Law Citation:
ABCAUS 2100 (2017) (10) HC

The High Court pronounced the common judgment while disposing off bunch of 49 appeals with common questions of law and Facts.

In the instant case, all the appellant assessee(s) were aggrieved by the order of the ITAT in remanding the matter back to the file of CIT(A) in view of the fact that remand was neither proposed on behalf of the assesse(s) or the Department. According to the appellant(s) the ITAT was not justified in remanding the matter back to the CIT(A) to verify the same facts which in fact already formed the basis of decision by CIT(A).

The High Court quashed and set aside the order of the Tribunal remanding back the matter to CIT-Appeals. The High Court opined that when documents were available in the tribunal, it was the duty of the tribunal to consider the same.

Download Full Judgment

Share

Recent Posts

  • Income Tax

Under POCM, selling/Admin costs allowable despite no revenue declared – ITAT

Under percentage completion method, selling/Admin costs are allowable despite no revenue declared as per guidance note of ICAI. In a…

17 hours ago
  • Income Tax

AO can’t use reverse computation using TDS amount for disallowance u/s 40(a)(ia)

AO cannot use reverse computation of gross payment using TDS amount to determine the amount disallowable u/s 40(a)(ia) - ITAT…

17 hours ago
  • Income Tax

Once loans is repaid in subsequent years, addition u/s 68 cannot be made

Once loans were repaid in subsequent assessment years with cogent evidences then the addition u/s 68 of the Income Tax…

2 days ago
  • Government

Viksit Bharat Guarantee for Rozgar & Ajeevika Mission-Gramin “VB-GRAM-G” notified

Viksit Bharat Guarantee for Rozgar & Ajeevika Mission (Gramin), In short VB-GRAM-G notified Government has notified Viksit Bharat Guarantee for…

2 days ago
  • Income Tax

In denovo assessment , AO to apply independent mind without influenced by remarks

Once PCIT restores assessment to AO for denovo consideration, AO is obliged to independently apply mind without influenced by the…

3 days ago
  • Income Tax

Stock items of different value cannot be taken as basis for computing stock position

When value of items traded differs it cannot be taken as basis for computing the stock position specially when quantitative…

3 days ago