Held, allowing the appeal, that under section 251(1)(a) of the Act, the Commissioner (Appeals) may confirm, reduce, enhance or annul the assessment. On a reading of the Finance Act, 2001 (Circular No. 14 of 2001), the Commissioner (Appeals) had no power to remand the matter to the Assessing Officer for fresh assessment in accordance with the direction given by him after making such further enquiry as may be necessary. Though such power was conferred on the Commissioner (Appeals), the said provision stood omitted by the Finance Act, 2001. In the light of the Explanatory Notes to the Provisions related to Direct Taxes, under paragraph 78.1 dealing with the powers of the Commissioner (Appeals) with effect from June 1, 2001, the Commissioner (Appeals) could not have remanded the matter to the Assessing Officer after having decided the case in favour of the assessee in its entirety. Though the assessee had raised a specific ground of exceeding the statutory powers conferred under section 251(1)(a) before the Tribunal which had been noted by it in paragraph 3 of the impugned order, this aspect had not been dealt with by the Tribunal. Accordingly the order of the Tribunal is set aside. (AY.2014-15)
Arun Kumar Bose v. ITO (2023)458 ITR 32/ 158 taxmann.com 282 (Cal)(HC) Editorial : Order of Tribunal in Arun Kumar Bose v. ITO(2023) 107 ITR 263 (Kol)(Trib) is reversed.
S. 251 : Appeal-Commissioner (Appeals)-Powers-Finding of CIT(A) on remand for fresh assessment after further enquiry which was up held by the Tribunal is quashed.[S. 251(1)(a), 254(1),260A]