The assessee received a sum from an entity in which it was having 25% shareholding. The Ld. AO treated the same as deemed dividend u/s. 2(22)(e) of the Act. On appeal before the CIT(A), the assessee stated that the sum in question was received and taxed in the immediately preceding year. Considering the same, the CIT(A) remanded the matter to the Ld. AO to further verify whether the amount was actually received and taxed during the previous year. On further appeal, the Hon’ble ITAT held that CIT(A) ought to have dealt with the issue alone as now there is no power with the CIT(A) to restore the matter. Further, as the Ld. DR failed to bring on record any material contrary to the assessee’s claim, the addition made was to be deleted. (AY. 2010-11)