Allowing the appeal the Court held that t the Tribunal was required to examine was whether the Commissioner (Appeals) had, scrupulously, verified the material placed before him before allowing the deductions claimed by the assessee. The Tribunal, however, instead of examining this aspect of the matter, observed, incorrectly, that because an opportunity was not given to the Assessing Officer to examine the material, the matter needed to be remanded to the Assessing Officer for a fresh verification. The judgment of the Tribunal deserved to be set aside. The fresh claims made by the assessee, as allowed by the Commissioner (Appeals), were to be sustained. (AY. 2007-08)
International Tractors Ltd. v Dy. CIT (LTU) (2021) 435 ITR 85 / 203 DTR 81/ 323 CTR 650 (Delhi)(HC) Editorial : Order in Dy.CIT (LTU) v. International Tractors Ltd (2018) 67 ITR 538 (Delhi)(Trib.) is set aside.
S. 254(1) : Appellate Tribunal-Powers-Remand of matter-Power must be exercised judiciously-Remand was held to be not valid-Order of CIT (A) allowing the claim is affirmed. [S. 80JJA, 250(4)]
for my day to day official work at Income Tax Appellate Tribunal, I wish to download the orders.