INCOME TAX ACT, 1961

Section 250(6)

Appeal [CIT(A)] - Ex-parte order - Power of CIT(A) under section 250(4) to accept remand report with regard to income as well as claim of expenditure made by assessee -

AO passed an order of assessment by making certain additions such as income from joint development of sites, long term capital gains on transfer of land, income declared under agriculture was brought under the head, income from other sources, addition of income from coffee estate, addition relating to personal savings and other additions. The said order was challenged before CIT(A) by assessee. CIT(A) had called for Remand Report from AO and in the Remand Report, AO himself after going through the material produced by Revenue had submitted that as the assessee's argument with regard to the addition as LTCG was acceptable Held: Section 250(4) provides that CIT(A) may, before disposing of any appeal, make such further inquiry as he thinks fit, or may direct AO to make further inquiry and report the result of the same to the CIT(A). As submitted by AO himself, it was evident that, if the Remand Report was accepted with regard to long term capital gains, then addition as income from other sources and income from other sources was also accepted, therefore, the question of law framed in this regard did not arise for consideration in this appeal, as CIT(A) had passed the order on aforesaid Remand Report and order passed by CIT(A) was accepted by Tribunal.

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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