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2015 (8) TMI 1032 - AT - Income TaxBogus capital share introduction - accommodation entries - CIT(A) proceeded to partly accept some of the claims of the assessee and partly rejected and also restored the issue back to the file of the AO for verification on facts.Held that:- As far as the statutory mandate is concerned, section 250(6) of the Income Tax Act which sets out the procedure which the CIT(A) in appeal is required to follow it is seen that the statute does not permit the Ld. CIT(A) to remand the issue to the AO. The statute contemplates that an enquiry may be required which he himself may enquire into or may direct the AO to inquire. CIT(A) instead of obtaining a Remand Report from the AO as per the statutory mandate in order to conclusively decide the issue instead restored the issue to the AO contrary to the statutory mandate. In view of this obvious statutory violation, the impugned order cannot be upheld. The issues raised are inter-linked and the finding arrived at it is seen is without considering the relevant material on record. Accordingly in view of the afore-mentioned factual position; legal mandate and considering the submissions of the parties before the Bench, we deem it appropriate to set aside the impugned order and restore the issues back to the file of the Ld. CIT(A) with the direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. - Decided in favour of revenue for statistical purposes.
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