TMI Blog2017 (3) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... ice besides influencing the A.O. while re-examining the matter. It is for the A.O. to apply his mind and come to a conclusion, after proper examination of the issue involved. Hence, we are of the considered opinion that the observations made by the Tribunal at paragraph of the Judgment on merits of the case deserves to be expunged and accordingly they are expunged. Hence, the substantial question of law formulated above, is answered in favour of the Assessee and against the revenue. The matter is remanded to A.O. to reconsider the same afresh. - I.T.A.No. 135/2016 - - - Dated:- 3-3-2017 - MR. JAYANT PATEL AND MRS. S. SUJATHA JJ. APPELLANT (BY SRI CHYTHANYA K.K., ADV.) RESPONDENTS (BY SRI K.V. ARAVIND, ADV.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same was subjected to tax. The Assessee challenged the action of the A.O. before the CIT(A). The CIT(A) accepted the submission of the Assessee and deleted the addition made by A.O. on account of undisclosed income in respect of 26% share in the rent received from the let out portion of the constructed area. The revenue preferred appeal before the Tribunal challenging the said order passed by the CIT(A). The Tribunal allowed the appeal and remanded the matter to A.O. for proper verification and examination and re-adjudication of the issue particularly relating to the date on which the Assessee had received the amount of ₹ 7.5 crore from BPPL, whether at the time of the executing of JDA or subsequent to the date of supplement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile reconsidering the issue. However, learned counsel for the revenue supports the impugned Judgment and order. 6. It is trite that the Tribunal has discretionary power to remand the matter to the A.O. for fresh consideration. However, any observation made by the Tribunal while remanding the matter for examination of certain issues would prejudice the rights of the Assessee resulting in violation of the principles of natural justice besides influencing the A.O. while re-examining the matter. In the circumstances, the object of remanding the matter is to enable the Authorities to examine the issue afresh with an open mind. Any observation in the remand order would defeat the same. The observations made by the Tribunal in the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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