TMI Blog2016 (5) TMI 860X X X X Extracts X X X X X X X X Extracts X X X X ..... Chartered Engineer, also may not be really relevant. It is now for the assessing authority to apply his mind independently as to whether for upholding the claim of the assessee that it has indulged in "slump sale" or not, the same is required to be examined and answered. For that very purpose, the Tribunal has remanded the matter for consideration afresh. As a matter of rule of prudence, whenever an appellate forum remands a case back for consideration afresh, the primary authority or the original authority has to proceed afresh in the matter by treating the same as a clean slate basis. Now, for achieving that objective, the appellate forum could be recording a statement that "uninfluenced in any manner by the observations contained in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the appeal preferred by it in I.T.A.No.1846/Mds/2002. 2. Heard Mr.Sridhar, learned counsel appearing for the appellant/assessee (company) and Ms.Hema Murali Krishnan, learned Standing Counsel appearing for the respondent-Income Tax Department (Revenue) for a considerable length of time. 3. Before we proceed any further, it is only apt to notice that the Tribunal had concluded its exercise in the following words recorded in paragraph 20 of the judgment: 20. Since the assessee had not filed the Report of the Chartered Engineer and the claim of assessee before Assessing Officer was that it was a sale of business as going concern without assigning item-wise value of the assets transferred, the Assessing Officer had no occasion to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not be any difficulty in holding that in terms of Rule 29, the additional evidence can also be produced before the Tribunal. In this view of the judgment rendered by this Court earlier in the aforementioned case, the first objection of the learned counsel for the appellant may not detain us any further. 6. Insofar as the fact as to whether it is the assessee who has commissioned the Chartered Engineer and secured a report or the purchaser of the sale indulged in by the assessee who commissioned a Chartered Engineer, also may not be really relevant. It is now for the assessing authority to apply his mind independently as to whether for upholding the claim of the assessee that it has indulged in slump sale or not, the same is requi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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