Allowing the appeal of the assessee the Court held that though the Tribunal had referred to the resolution dated September 1, 2008 passed by the assessee, without finding it to be defective, it had not given any benefit thereof to the assessee. Therefore, in the light of these facts, the Tribunal should re-examine form 10 furnished by the assessee with the resolution and additional evidence, which might be produced by the assessee before it. Matter remanded. (AY. 2008-09, 2009-10)
CNN Educational Trust v. ITO (2020) 428 ITR 312 (Mad.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Accumulation of income-Failure by Tribunal to consider relevant facts-Matter remanded to Tribunal. [S. 11(2), 253 Form No. 10]