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2017 (5) TMI 212 - HC - Income TaxDeemed dividend addition - Held that:- ITAT was justified in setting aside the addition under Section 2(22)(e) made by the AO on account of payments by Raj Homes Pvt. Ltd to Shri Arun Sahlot and his proprietary concerns Arun Associates and Raj Industries, with the direction to examine such aspects as commercial exigency of the loan and terms of loan even though these aspects are not relevant u/s 2(22)(e). Apart from this, the tribunal has only made remand to the Assessing Officer. It is well settled principle of law that if remand order has been passed, then there is no substantial question of law involved for determination because all the questions are open before the authority after remand. Validity of assessment u/s 153A - Held that:- Section 153 A of the Income Tax Act prescribes that the Assessing officer has authority to re-assess the tax liability of a person on the basis of material received in search operation. Clearly, this section stipulates that it is the duty of the Assessing Officer to verify the information received from the sources, if the information and the facts are not correct in accordance with law. We answer the second substantial question of law accordingly that the ITAT has not committed any error of law in remanding the matter to the Assessing Officer. We do not find any merit in this appeal, it is hereby dismissed
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