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2016 (6) TMI 1306 - HC - Income TaxAllowing set off capital expenditure from the revenue income - admitting the additional ground - Held that:- In the case of Commissioner of Income Tax-IV v. Shree Rama Multi Tech Ltd. reported in [2012 (12) TMI 984 - GUJARAT HIGH COURT] and submitted that as the issue is already covered by these decisions, the questions raised in this appeal be answered in favour of the assessee. We are of the view that the Tribunal has not committed any error while remanding the matter back, and, we see no infirmity in the impugned order. Without adjudicating the question posed for our consideration, we confirm the order of the Tribunal remanding the matter and we make it clear that we have not expressed any opinion on the merits and it will be open for both the sides to raise their contentions before the concerned authority. It is further clarified that if the assessee raises an issue that the matter is already covered by the decisions, as above, the Assessing Officer may consider the same in accordance with law.
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