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2018 (12) TMI 1595 - MADRAS HIGH COURTAddition made on protective assessment - criminal case is pending against assessee - Held that:- A criminal case is pending, the Assessing Officer only made a protective assessment. The Tribunal, in the common impugned order, deleted it and directed the same to be assessed in the hands of the company namely M/s.Millennium Motors. In our considered view, since the CBI filed the final report before the Special Court, any finding, as given by the Assessing Officer though as a protective assessment, may render the criminal case a futile exercise. That apart, we found that the reasons given by the Tribunal are not sufficient to delete the protective assessment in the hands of the assessee with a direction to assess the same in the hands of the company namely M/s.Millennium Motors. As the assessee submits that there are sufficient records to show that the said Ms.Dhanalakshmi swindled substantial amount and the assessee is ready and willing to substantiate the same before the Tribunal, if one opportunity is granted considering the peculiar facts and circumstances of the case, we deem it appropriate to remand the matters to the Tribunal to consider the above referred to substantial questions of law. We make it clear that in so far as the issues, which have been remanded by the Tribunal to the Assessing Officer, against which, no appeals have been filed by either the Revenue or the assessee, we do not interfere with the same and the Assessing Officer is directed to carry out the directions issued by the Tribunal.
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