|The Tax Publishers2021 TaxPub(DT) 0310 (All-Trib)
INCOME TAX ACT, 1961
Where Tribunal had restricted its finding and conclusions for grant of relief to the assessee to a specified amount without adjudicating the issue of enhancement of income by CIT(A) which may require detailed arguments, in the interest of justice that the other grounds which were not adjudicated completely by Tribunal, matter was restored back to the file of Tribunal for adjudicationafresh.
Appeal (Tribunal) - Rectification under section 254(2) - Non-consideration of elaborate finding given by CIT(A) -
Assessee filed miscellaneous application against the order of Tribunal wherein it was held that AO was not correct in law in disallowing the depreciation amounting to Rs. 43.95 lacs. Thus, the Tribunal restricted its finding and conclusions for grant of relief to the tune of Rs. 43.95 lacs as against relief of Rs. 292.92 lacs claimed by the assessee. Held: CIT(A) had given elaborate finding and reasoning wherein it was stated that the assessee had computed its brought forwards losses and unabsorbed depreciation in an incorrect manner and further elaborations were made by CIT(A) while enhancing the income of the assessee on this issue. The Tribunal had not dwelt upon /adjudicated this issue of enhancement of income by CIT(A) which may require detailed arguments. The Tribunal had dismissed the said ground of appeal raised by assessee on the grounds as being not pressed. The assessee was prejudiced by said dismissal in limine. Since Tribunal had restricted its finding specified amount, it would be in the interest of justice that the other grounds which were not adjudicated completely by Tribunal were restored back to the file of Tribunal for fresh adjudication and to this extent the MA filed by the assessee on this issue was partly allowed for statistical purposes, as indicated above.
FAVOUR : Matter remanded.
A.Y. : 2007-08
IN THE ITAT, ALLAHABAD BENCH
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