9911796707
TMI Blog2010 (3) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... was no other alternative with the Income Tax Appellate Tribunal but to remand the matter for adjudication to the Assessing Officer with the clear direction that the issue should be re-determined keeping in mind the satisfaction of the statutory conditions. - Assessee's appeal dismissed. - 43 of 2009 - - - Dated:- 30-3-2010 - J.S. Khehar, Sudhanshu Dhulia, JJ. Present: Mr. S.K. Srivastava, Advocate with Mr. Chetan Joshi Advocate for the appellant. Mr. Arvind Vashisth, Advocate for the respondent. J.S. Khehar, C.J. (Oral) Certain incriminating documents, cash, KVPs and FDRs in the name of the appellant and his children were found during the course of a search conducted on 30.11.1999. On the determination rendered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax (Appeals) dated 31.01.2005, wherein the claim raised by the appellant/assess for deductions on the basis of certain written off debts as irrecoverable had been allowed, the department preferred an appeal before the Income Tax Appellate Tribunal. The assessee also raised certain other pleas by filing cross objections before the Income Tax Appellate Tribunal. Neither the other issues raised by the department, nor the issues canvassed at the hands of the appellant/assessee, besides deductions demanded on the basis of written off bad debts, is subject matter of consideration in the present appeal. 3. In so far as the issue of bad debts, which the appellant /assessee claimed as deductions, on account of the fact that they were irrecover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the National Tax Tribunal Act, 2005, orders passed by the Appellate Tribunal on appeal shall be final." Based on sub-section (4) of Section 254 of the Income Tax Act, 1961, it is the submission of the learned counsel for the appellant/assessee, that it was not open to the Income Tax Appellate Tribunal to remand the matter for re-determination of the controversy to the Assessing Officer. In this behalf, it is the vehement contention of the learned counsel for the appellant/assessee, that the Income Tax Appellate Tribunal is required to pass orders which are final in nature, and as such, it was not open to Income Tax Appellate Tribunal to remand the matter for re-determination at the hands of the Assessing Officer. We have perused sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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