Income Tax

Order passed by Tribunal in remand proceedings during pendency of SLP-Remedy available

Order passed by the Tribunal in remand proceedings during pendency of SLP-Remedy available was filing ITA before High Court

ABCAUS Case Law Citation:
ABCAUS 2892 (2019) (04) SC

In the instant case, the Hon’ble High Court had remanded the case to the Tribunal on the issue of deduction u/s 10A of the Income Tax Act, 1961 (the Act) in terms of 2001 amendment.

The assessee had approached the Hon’ble Supreme Court by way of Special Leave against the said order of the High Court whereby the matter was remitted back to the Tribunal for reconsideration.

However, pending the special leave petition, the Tribunal, in pursuance of the impugned order remanding the case, had passed the final order in the instant matter.

The Hon’ble Supreme Court opined that in such case the remedy available to the aggrieved was by way of filing an appeal under Section 260-A of the Income Tax Act, 1961 before the jurisdictional High Court against the said order.  

In view of the above, the Hon’ble Supreme Court declined to interfere with the impugned order passed by the High Court which stood complied with by the Tribunal

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

5 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

2 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago