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2016 (10) TMI 1060 - AT - Income TaxPowers of the Commissioner of (Appeals) - CIT(A) empowerment to set aside the assessment passed by the Assessing Officer after 01.06.2001 - Held that:- A perusal of CIT(A)'s order reveals that on one hand the ld. CIT(A) has held that by furnishing statements of affairs, the assessee had been able to explain the accretion to its capital account and assets with reference to the income shown by it in the return of income and therefore the AO's allegation of unexplained cash deposit was not sustainable. However, instead of coming to a definite conclusion in the light of his finding, he restored the matter to the file of AO to examine the matter with certain conditions. As gone through the order passed by the Ld. CIT(A) alongwith the provisions of section 251(1)(a) of the I.T. Act, 1961 as reproduced above and we are of the considered view that Ld. CIT(A) have no powers to set aside the matter to the AO which he has done in the impugned order. We find that Ld. CIT(A) has set aside the issue in dispute to the AO, is contrary to the provisions of law and not sustainable in the eyes of law. - Appeal filed by the Revenue allowed for statistical purposes.
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