TMI Blog2018 (4) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... qually, it cannot be done on an order of remand being passed by the Tribunal to the Assessing Officer. Therefore, we opine that it is sufficient to clarify the legal position as held by the Honble Supreme Court in Hukumchand Mills Ltd. [1966 (9) TMI 38 - SUPREME Court] and in MCORP Global (P) Ltd.[2009 (2) TMI 5 - SUPREME COURT] followed by the High Court of Gujarat in Fidelity Shares and Security Ltd., Vs. Deputy Commissioner of Income Tax case [2016 (6) TMI 898 - GUJARAT HIGH COURT]. The Assessing Officer, while reconsidering the matter on remand, should bear the above legal principle in mind and the assessee cannot be denied whatever benefit he has granted in the Assessment Order dated 28.02.2003. - T.C. (Appeal). No. 885 of 2008 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Section 115JA of the Act? 4. After elaborately hearing the learned counsel for the parties and after perusing the materials placed on record, we find that the Tribunal has remanded the matter to the Assessing Officer to consider the calculation aspect afresh. Learned counsel pointed out that decision referred to by the Tribunal in the case of Hindustan Powerplus Ltd., Vs. DCIT in I.T.A.Nos.920 to 922/Mds/2005 dated 31.01.2007 has no relevance to the facts of the present case. Learned counsel further submits that the Assessee may not have any serious objection for the Assessing Officer to redo the calculation, but the Assessee cannot be worse than what they were in the hands of the Assessing Officer pursuant to an order of remand pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Tribunal. 5. The decision in the case of MCORP Global (P) Ltd., was followed by the Division Bench of the High Court of Gujarat in Fidelity Shares and Security Ltd., Vs. Deputy Commissioner of Income Tax reported in (2017) 390 ITR 0267 (Guj), wherein it was held that the Tribunal has no power under the Income Tax Act to enhance the assessment in appeal in view of the statutory provisions. Further it was held that the benefit, which was sought to be taken away by the Department, was not permissible in law and this is the infirmity in the judgment of the Tribunal as the Tribunal has no power to enhance the assessment in appeal. 6. Considering the facts and circumstances of the case, we find that there is no error in the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
