|The Tax Publishers2020 TaxPub(DT) 5369 (Karn-HC)
INCOME TAX ACT, 1961
Once the order of re-assessment was set aside, the Tribunal ought not to have adjudicated the issues involved in the appeal on merits.
Appeal (High Court) - Substantial question of law - Tribunal set aside reassessment order itself - Also Tribunal adjudicated matter on merits
The question arose for consideration was as to whether Tribunal who set aside the reassessment order itself as being without jurisdiction, was justified in adjudicating on the merits and remanding matter to AO for computation of deduction under section 35(1)(iv). Held: Once the order of re-assessment was set aside, the Tribunal ought not to have adjudicated the issues involved in the appeal on merits. Further, there was also no need for remanding the matter to the Assessing Authority.
FAVOUR : In favour of assessee
A.Y. : 2005-06
IN THE KARNATAKA HIGH COURT
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