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| The Tax Publishers2020 TaxPub(DT) 3766 (Mad-HC) INCOME TAX ACT, 1961
Section 260A
Where Tribunal had not given any independent reasons as to why the grounds canvassed by assessee before Tribunal does not merit consideration and was required to record reasons as to why there was disagreement with the finding of the Lower Appellate Authority and why the grounds raised by the assessee cannot be entertained, therefore, matter was remanded to Tribunal for fresh consideration.
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Appeal (High Court) - Reopening of assessment - Computation of deduction under section 80M - Tribunal had not given any independent reasons
Issue arose for consideration as to whether Tribunal was right in law in holding that reopening of assessment was valid on the ground that appeal of assessee did not arise out of the reasons recorded for reopening ignoring the grounds of appeal taken before it and whether Tribunal was right in confirming the order of CIT(A) that ground relating to estimated disallowance of deduction under section 80M did not arise out of the order of the reassessment without verifying the computation of income. Held: Tribunal had not given any independent reasons as to why the grounds canvassed by assessee before the it did not merit consideration. Tribunal was required to record reasons as to why there was disagreement with the finding of the Lower Appellate Authority and why the grounds raised by assessee cannot be entertained. Since the order was devoid of reasons, matter was remanded to Tribunal for fresh consideration.
REFERRED :
FAVOUR : Matter remanded
A.Y. : 1992-93
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