2008 (11) TMI 73 - HC - Income Tax

Tribunal remitted the matter back for fresh ascertainment of facts - since there were materials before the Assessing Officer as well as the appellate authority for them to draw the respective conclusions tribunal was not justified in remanding the case - assessee s submission that tribunal was not correct in remitting the matter to AO is acceptable - finding of the Tribunal that the appellate authority had not gone into the relevant details is not correct.

Summary

Issues:
1. Whether denial of set off of losses of business income based on suspicions without considering evidence is sufficient for Tribunal to remit the matter back for fresh ascertainment of facts?

Analysis:
The judgment pertains to tax case appeals involving the denial of set off of losses of business income by the Assessing Officer. The primary issue raised is whether the Tribunal was justified in remitting the matter back to the Assessing Officer for fresh ascertainment of facts based on suspicions without considering the weight of evidence submitted. The appellant, engaged in manufacturing plastic moulds and products, claimed set off of losses against income from house property, which was denied by the Assessing Officer. The Commissioner of Income-tax (Appeals) partially allowed the appeals, leading to appeals filed by both the Revenue and the assessee before the Income-tax Appellate Tribunal.

The Tribunal remitted the matter back to the Assessing Officer with a specific direction to determine if the assessee had temporarily suspended its business and actually incurred claimed expenses. The appellant's senior counsel argued that the Tribunal had already allowed depreciation based on existing records and findings, remitting the matter only for verification of errors. Contrarily, the respondent's counsel contended that evidence was presented before the Assessing Officer, highlighting specific details such as sale of scrap, business commencement under the Companies Act, and quotations submitted by the appellant-company.

The Court observed that the Tribunal did not set aside the findings of the appellate authority but remitted the issue back to the Assessing Officer, questioning the examination of relevant details by the Assessing Officer and appellate authority. The Court concluded that there were materials available for both authorities to draw conclusions, indicating that the matter should be decided afresh by the Tribunal based on existing evidence. Consequently, the tax case appeals were ordered accordingly, with no costs imposed.

In conclusion, the judgment delves into the procedural correctness of remitting tax assessment matters based on suspicions without due consideration of evidence. It emphasizes the importance of thorough examination of available materials by tax authorities before remitting cases for fresh determination, ensuring a fair and evidence-based decision-making process in tax matters.