TMI Blog2006 (7) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... i, in Case No. IT 865/Del/1995. 2. The brief facts of the case are that the respondent-assessee deals with foodgrains. In the assessment year the assessee submitted his return showing his income to the tune of ₹ 1,10,829. The assessment was completed under Section 143(3) of the Act. The assessee was assessed on total income of ₹ 1,58,325. 3. By order dt. 30th March, 1993 the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Tribunal was justified in considering the documents which were not on record before the assessing authority in passing the impugned order ? (ii) Whether finding recorded by the CIT regarding loss or profit could be interfered with without any cogent material on record ? 5. The gist of question No. 1 is that whether the Tribunal was justified in considering the documents, which were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal, which were produced for the first time for setting (aside) the order of the CIT. 7. Shri Ankur Modi, learned Counsel for the respondent has vehemently urged that the income of the partners and the income of the firm are two separate income. According to him, the agricultural income, which is shown in the capital account is the independent income of the partners and cannot be assessed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no dispute about this principle. However, in the present case, there is a dispute whether the income in question is of the assessee-firm or its partner and for this purpose an enquiry is necessary, which were not conducted by the assessing authority. Therefore, the matter is rightly remanded back by the CIT. 9. As in the present case as the matter is remanded, we do not wish to express our o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order Annex. A-l, which is an assessment order passed by the ITO that there was no enquiry in the matter whether the income which is derived from the agricultural land is the income of the assessee-firm or its partneRs. Once the matter is remanded to the assessing authority for holding an enquiry in the matter, the question No. 2 does not arise for consideration. 11. In view of the matter, thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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