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2014 (9) TMI 1 - HC - Income TaxBenefit of section 80-O Claim of 50% of commission received - Assessee contended that it has entered into an agreement with certain foreign companies for providing guidance and supply of information about the activities in India, of the foreign company, by name CSTP of French origin Held that:- The contention of revenue that the Tribunal ought to have remanded the matter, could certainly have been accepted, if only the Tribunal recorded any finding on the basis of the material, which did not form part of the record before the AO - Not a paper or a word was added to the record over and above what was there before the AO - It is an appreciation of same set of facts and record, that the Tribunal arrived at the conclusion that the claim fits into one of the categories provided for u/s 80-O of the Act - The mere fact that the same set of facts are treated as constituting the basis for a category, other than the one that was pleaded before the AO, does not bring about a situation, warranting remand, nor does it fall outside the scope of the powers of the Tribunal. Whatever may be the restriction placed upon the fora, which are conferred with restricted power of revision or the review, the jurisdiction and power of an appellate forum to arrive at the conclusions different from those arrived at by the primary authority on the same facts is, virtually unbridled - an appeal happens to be continuation of the original proceedings, unless the concerned statute restricts the powers of the appellate authority - The necessity to remand would arise, if only a new set of facts are pleaded, that too on the basis of additional material, which did not form part of the record of the original authority thus, there was no error of law or jurisdiction on the part of the Tribunal Decided against Revenue.
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