TMI Blog2020 (9) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... ls were pending for updation at the time of search? - HELD THAT:- Substantial Questions of law need not be answered in the instant case as they have become academic. It is true that a Superior Tribunal or a Court cannot mechanically remand matters for fresh consideration or de novo adjudication unless and until it finds a justifiable need for such a remand. In the instant case, the Assessing Officer has passed a given effect to order under Section 143(3) r/w. Section 254 of the Act dated 31.12.2018 and such order is adverse to the assessee as the assessee was not able to establish anything and therefore, the Assessing Officer held that the assessee has concealed the particulars of income and had no explanation worthwhile to offer. We are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Appellate Tribunal is justified in holding that the assessee has right to produce evidence in later part of proceedings against his own submission made in the statement u/s.132(4) of the Act and to retract the same, ignoring the probative value of such statement and the fact that such retracting is of no avail in view of the provisions of Section 132(4) and its Explanation of the Income Tax Act? 3.Whether Appellate Tribunal is correct in entertaining the afterthought submission of the assessee that the excess cash found at the time of search relates to sales and the bills were pending for updation at the time of search, which is contrary to the submission made in the statement u/s.132(4) of the Act when he does not maintain any b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... search was unable to give proper explanation for the source of cash and it was treated as undisclosed income for the relevant assessment year and added as such to the income the assessee. 5.The assessee being aggrieved by the order of assessment filed appeal before the Commissioner of Income Tax (Appeals)-18 [CIT(A)], Chennai. The appeal though was partly allowed in respect of the cash found and seized as the assessee could not substantiate with documentary evidence, the finding of the Assessing Officer was upheld and the appeal to that extent was dismissed. Aggrieved by the same, the assessee preferred an appeal to the Tribunal. The Tribunal by the impugned order remanded the matter to the Assessing Officer for doing the assessment de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r which was adverse to the assessee and therefore, the assessee has filed an appeal before the CIT(A). 7.After elaborately considering the contentions on either side, we are of the view that the Substantial Questions of law need not be answered in the instant case as they have become academic. It is true that a Superior Tribunal or a Court cannot mechanically remand matters for fresh consideration or de novo adjudication unless and until it finds a justifiable need for such a remand. Be that as it may, in the instant case, the Assessing Officer has passed a given effect to order under Section 143(3) r/w. Section 254 of the Act dated 31.12.2018 and such order is adverse to the assessee as the assessee was not able to establish anything an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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