On appeals before the Tribunal against the order of the Commissioner (Appeals) partly affirming the disallowance of interest expenditure under section 36(1)(iii) of the Income-tax Act, 1961 and on the issue of validity of reopening of reassessment under section 147, the Tribunal remanded the matter in entirety to the Assessing Officer to examine afresh in the light of all the evidence the assessees’ fund position and the issue as to whether the corresponding borrowings claimed to have carried no interest involving plotted land buyers. On appeals allowing the appeals the Court held that that the Tribunal was required to adjudicate the appeals on the grounds which were raised before it by the assessees. Remanding the matter in its entirety to the Assessing Officer had caused serious prejudice to the assessees inasmuch as even those reliefs which had been granted by the Commissioner (Appeals) stood nullified in view of the Tribunal’s direction to the Assessing Officer to re-do the whole exercise in its entirety. No cross-appeals have been filed by the Department against the order of the Commissioner (Appeals) granting substantial relief to the assessees. The common order of the Tribunal under section 254 was to be set aside and the Tribunal directed to hear the appeals before it on the limited grounds urged by the assessee, namely, the disallowance of interest expenditure under section 36(1)(iii) to the extent disallowed by the Commissioner (Appeals) and the validity of the reassessment proceedings under section 147.(AY.2012-13 to 2014-15, 2016-17 to 2018-19)
Kausalya Agro Farms And Developers Pvt. Ltd. v Dy. CIT (2023)455 ITR 432/334 CTR 460 (Telangana)(HC)
S. 254(1) : Appellate Tribunal-Powers-No cross objections by the Department-Tribunal remanding of matter in entirety-Prejudicial to assessee-Tribunal is directed to limit its adjudication to issues raised by assesses.-Order of Tribunal is set aside. [S. 36(1)(iii) 147]