The Tax Publishers2020 TaxPub(DT) 0597 (Del-Trib)

INCOME TAX ACT, 1961

Section 145

Where CIT(A) did not discuss any of the facts brought out by AO in order and merely followed assessment order for the assessment year 2007-2008 for the purpose of deleting the addition and order for assessment year 2007-2008 under section 143(3) was placed on record which was silent with regard to matter in issue, therefore, matter was remanded back to CIT(A) with a direction to re-decide the same.

Accounting method - Estimation of income - Estimated gross profit at 15% of deemed sales of commercial space -

Revenue challenged the order of CIT(A) in deleting the addition made by AO on account of estimated gross profit at 15% of deemed sales of commercial space. Held: CIT(A) did not discuss any of the facts brought out by AO in its order and merely followed assessment order for assessment year 2007-2008 for the purpose of deleting the addition. Order for the assessment year 2007-2008 under section 143(3) was placed on record which was silent with regard to matter in issue. Though CIT(A) might have also taken into consideration the facts stated in assessment year 2007-2008, but, shall have to give specific finding of fact while deciding the addition on the issue. In this view, matter was remanded back to CIT(A) with a direction to re-decide the same.

REFERRED : Munjal Sales Corporation v. CIT (2008) 168 Taxman 43 (SC) : 2008 TaxPub(DT) 1671 (SC) Thukral Regal Shoes v. CIT & Anr. (2017) 391 ITR 119 (P&H) : 2016 TaxPub(DT) 3810 (P&H-HC) CIT v. Cornerstone Exports (P.) Ltd. (2016) 238 Taxman 465 (Guj) : 2016 TaxPub(DT) 1155 (Guj-HC) CIT v. R. Mohan [TC(A). Nos.608 to 611 of 2005, dt. 26-9-2011] Punjab Stainless Steel Inds. v. CIT & Anr. (2010) 324 ITR 396 (Del.) : 2010 TaxPub(DT) 1928 (Del-HC)

FAVOUR : In assessee's favour by way of remand

A.Y. :

INCOME TAX ACT, 1961

Section 37(1)

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