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| The Tax Publishers2019 TaxPub(DT) 6746 (Guj-HC) INCOME TAX ACT, 1961
Section 254
If the facts were on record, then the Appellate Tribunal was duty bound to look into the same and decide the matter accordingly. Remitting the matter without any justifiable reason was nothing, but sheer waste of time. In such circumstances, the impugned order passed by the Appellate Tribunal was quashed and set aside and the order passed by the CIT(A) to the extent of eligible deduction under section 80-IB(10) was concerned, was affirmed.
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Appeal (Tribunal) - Order of Tribunal - Tribunal having remitted matter back to AO without looking into facts available on record -
CIT(A) partly deleted disallowance of deduction under section 80-IB(10) made by AO. Revenue preferred appeal against order passed by CIT(A) before ITAT. Tribunal though remitted the matter back to AO for examination of the issue afresh by calling for details pertaning to concerned project. Assessee filed appeal under section 260A contending that Tribunal committed serious error in remitting the matter to AO for verification more particularly when all the details were on record and duly examined by lower authorities.Held: If the facts were on record, then the Appellate Tribunal is duty bound to look into the same and decide the matter accordingly. Remitting the matter without any justifiable reason was nothing, but sheer waste of time. In such circumstances the impugned order passed by the Appellate Tribunal was quashed and set aside and the order passed by the CIT(A) to the extent of eligible deduction under section 80-IB(10) was concerned, was affirmed.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE GUJARAT HIGH COURT
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