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2018 (12) TMI 1596 - HC - Income TaxDisallowance of deduction u/s 10A - Held that:- In the earlier remand, AO, while passing the giving effect to order, noted the said Circular No.1 of 2013 and assigned certain reasons as to why the disallowance has to be made. The correctness of that order, while being tested by the CIT(A), he had noted the said Circular and given independent reasons as to how the assessee's case is acceptable. Thus, in our considered view, the Tribunal should have considered the correctness of the order passed by the CIT(A), as already the effect of the said Circular was considered by both the Assessing Officer and the CIT(A). The operative portions of the orders passed by both the Assessing Officer and the CIT(A) do not contain any mention about the said Circular. In effect, the parameters required to be examined by the Assessing Officer under the said Circular were examined and in the opinion of the AO, the case of the assessee cannot be accepted. This was reversed by the CIT(A). Therefore, the Tribunal can very well decide the correctness of the order passed by the CIT(A) instead of remanding the matter to the Assessing Officer for a fresh consideration, as, already, such an exercise was done by the Assessing Officer. Furthermore, the order of remand passed for the assessment year 2009-10 is now pending before the Dispute Resolution Panel. Therefore, in the fitness of things, it is for the Tribunal to decide the matters, since this issue arises in the first year, which is the assessment year under consideration namely 2007-08.
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