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| The Tax Publishers2020 TaxPub(DT) 5116 (Karn-HC) : (2021) 278 TAXMAN 0067 INCOME TAX ACT, 1961
Section 260A
Where finding recorded by Tribunal was a finding of fact which was based on meticulous appreciation of evidence on record and where CIT(A) has dealt with the claims of the assessee on merits, therefore, Tribunal had rightly dealt with the claims of the assessee on merits and there was no need of remand in the fact situation of the case.
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Appeal (High Court) - Substantial question of law - Concurrent finding of fact recorded by Tribunal -
Revenue filed appeal against the order Tribunal in not remitting back the matter back to assessing authority to consider the issue regarding entitlement of prior period expenses and expenditure on excise transport fees. Held: Tribunal recorded the finding that the expenses were incurred during the relevant assessment year and therefore, the claim was allowable, by placing reliance on the decision of in case of 'Kedarnath Jute Mfg. Company Limited v. CIT' [(1971) 82 ITR 363 (SC) : 1971 TaxPub(DT) 0366 (SC)]. The aforesaid finding was a finding of fact which was based on meticulous appreciation of evidence on record. The only ground which has been taken is that the matter ought have been remitted by the Tribunal to the AO. Since the CIT(A) has dealt with the claims of the assessee on merits, therefore, the Tribunal had rightly dealt with the claims of the assessee on merits and there was no need of remand in the fact situation of the case.
REFERRED :
FAVOUR : In favour of assessee
A.Y. : 2002-03
IN THE KARNATAKA HIGH COURT
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