INCOME TAX ACT, 1961

--Appeal (High Court)--Duty of High Court High Court itself answering issues instead of remitting case to Tribunal--Assessee had claimed deduction under section 80-IA which was allowed by AO. CIT disallowed it under section 263. In appeal Tribunal allowed it in appeal further by revenue, High Court concluded that Tribunal had not ansswered some of issues, which stood decided by CIT under section 263 and set aside order of Tribunal. Held: Instead of answering those question itself, High Court ought to have remitted case to Tribunal which was not done. On revenue approaching Supreme Court by way of SLP, on 5-10-2011 Court permitted department to proceed with reassessment. AO reassessed and passed fresh order on 5-5-2011 disallowing claim under section 80-IA. Since assessee had preferred an appeal to CIT(A), CIt(A) was directed to decide matter uninfluenced by earlier order of CIT under section 263 as well as impugned order of High Court, impugned order of High Court set aside and civil appeal filed by assessee disposed of Till appeal was heard and disposed of by CIt(A), order passed by court on 5-1-2011 would continue to operate. [Paras 4 & 5]