2020 (6) TMI 435 - SCH - Income Tax

Approval u/s 80(G)(5) - ITAT Lucknow remanded the instant matter to CIT (E) Lucknow - main contention raised by the assessee in this appeal is, the matter could not have been remanded back as the entire material was available before the ITAT to come to subjective satisfaction as to whether in the given circumstances the assessee was eligible for being granted a certificate u/s 80(G)(5), or not? - As per HC ITAT rightly remanded the matter back to the CIT (E) for fresh consideration and decision on the basis of the evidence available on record regarding genuineness of the documents and to pass a speaking order - HELD THAT - Special Leave Petition is dismissed.

Summary

The Supreme Court dismissed the Special Leave Petition. Observations in para 21 of the impugned judgment were expunged. Pending application was disposed of.