Court held that the Tribunal as the final fact finding authority had remanded the matter holding the issue in favour of the assessee and there was no appeal by the assessee. The consideration of the Assessing Officer which was in accordance with the order of the Tribunal need not be interfered with. No question of law arose. Court also held that, when the Assessing Officer in the remand report had specifically stated that the interest on bank loans of the earlier years was disallowed under section 43B, it was not proper for the Tribunal to have taken the view that it was an unascertained liability and that it ought not to have been disallowed. (AY. 2006-07)
Covema Filaments Ltd. v. CIT (2019) 411 ITR 560 (Ker.)(HC)
S. 115JB : Book profit–Unabsorbed depreciation-Business loss-Remand by the Tribunal is held to be justified–Provision for interest on bank loans made for earlier years–Waiver of interest-Finding of the Tribunal that interest was an unascertained liability is held to be not proper- matter remanded. [S. 43B]