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2005 (3) TMI 45 - HC - Income TaxAppeal to tribunal - "Whether, Tribunal was justified in directing the Assessing Officer to charge the interest under section 234B on the basis of tax calculated on the returned income, whereas section 234B for charging interest clearly speaks of tax on assessed income determined under section 143(1) or on regular assessment minus tax deducted or collected at source?" - This court is possessed of power to remand the case. In other words, power to remand is available to this court while hearing the appeal under section 260A of the Act. We intend to exercise this power in the interest of justice. It does not cause any prejudice to either party. We refrain from going into the merits of the case and while remanding the case to the Tribunal, allow the appeal, and set aside the impugned order. The Tribunal is directed to decide the appeal on the merits
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