Tuesday 12 January 2016

ITAT had to remand back case instead of appreciating the facts itself if CIT(A) didn't confront asse

IT/ILT : Where in earlier years, consideration received by assessee Swede company for supply of telecom equipments as not taxable, while in current year Tribunal had recorded that Commissioner (Appeals)'s order was bad as he did not confront assessee with new material gathered during survey, Tribunal ought to have remanded matter back to Commissioner (Appeals) for readjudication of facts; it should not have itself appreciated facts

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