Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1140 - HC - Income TaxAssessment u/s 153A - addition u/s 68 - HELD THAT:- Tribunal committed an error in remanding the issue before the Assessing Officer for fresh consideration. The Assessee had placed reliance on certain decisions of this Court to contend that in absence of any incriminating material found during the search, no additions could have been made in the assessment order passed u/s 153A read with 143(3) of the Act. The Tribunal had to decide the correctness of his contention, bearing in mind the facts on record. There was no purpose in remanding the issue back to the AO. The facts necessary to decide the question were at large before the Tribunal. Whether in view of such facts, the Judgments cited by the Counsel for the Assessee were applicable or not, the Tribunal had to decide. This issue should not have been remanded to the Assessing Officer. The impugned Judgment of the Tribunal which is common for both assessment years giving rise to these Appeals, is set aside. The Appeals are restored before the Tribunal and shall be disposed of in accordance with law.
|