Allowing the appeal the Court held that the Tribunal being the last fact finding authority, is under the legal obligation to record correct findings of fact. Where all the evidence had been produced and the Commissioner (Appeals), after full investigation of the evidence and examination of the accounts, has given a definite finding on the question in issue, the Tribunal’s order of remand is not justified. Court also held that where additional grounds have been raised before the Tribunal, it would be necessary to deal with these grounds and then record a finding that despite the contention advanced by the assessee, the matter requires to be reconsidered de novo by the Assessing Officer. If no such finding is given the order of remand would not be justified. Matter remanded to the Tribunal. (AY. 2014-15)
Ratanchand Manoharmal v. ITO (2021) 434 ITR 573/ 281 Taxman 513 (Mad.)(HC)
S. 254(1) : Appellate Tribunal-Power-Order of remand case is not valid-Remand without considering additional grounds is held to be not valid.