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

  • Bank

State Bank of India elects four Directors in its Central Board

State Bank of India in its General Meeting of the Shareholders elected four Directors to the Central Board. The meeting…

4 hours ago
  • Income Tax

Declaration of additional income by increasing the WIP was not proper – ITAT

Voluntary declaration of additional income by increasing WIP was not proper, as assessee will take the additional benefit in the…

1 day ago
  • Income Tax

Cash payment for purchase of land or property not violation of 269SS or 269T

Cash payment for purchase of land or property cannot be treated as violation of provisions of section 269SS or 269T…

2 days ago
  • Income Tax

Excel Utility for ITR-1 and ITR-4 available for e-filing for AY 2026-27

Income Tax Department has released excel Utility for e-filing ITR-1 and ITR-4 for AY 2026-27 Excel utilities of ITR-1 and…

3 days ago
  • Insurance

Mediclaim amount not deductible from MACT award under medical expenses – SC

Amount of money received as Mediclaim not deductible from an award passed by MACT under the head of medical expenses.…

4 days ago
  • Income Tax

ITAT jurisdiction is decided by location of AO passing the impugned order

Location of the assessing officer who passed the order shall decide the jurisdiction of the Bench of the Tribunal In…

4 days ago