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TMI Blog2011 (2) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... for at this stage. - IT APPEAL NO. 857 OF 2010 - - - Dated:- 21-2-2011 - ADARSH KUMAR GOEL, AJAY KUMAR MITTAL, JJ. Rajesh Katoch for the Appellant. JUDGMENT Adarsh Kumar Goel, J. This Appeal has been preferred by the revenue under section 260A of the Income-tax Act, 1961 against order dated 26-3-2010 passed by the Income-tax Appellate Tribunal, Chandigarh Bench (B), Chandigarh in ITA No. 1140/Chd./09, for the assessment year 2006-07, claiming following substantial questions of law : "Whether on the facts and in the circumstances of the case, the ITAT was correct in law in accepting the plea of the assessee and remanding the issue to the file of the Assessing Officer instead of remanding the matter to the CIT(A) w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer has not culled out the relevant and complete facts so as to adjudicate the controversy in question. Certainly, it is the assessee who has put-forth the claim of loss and, therefore, the burden is on the assessee to substantiate the loss and also justify its allowability in the year under consideration. The observation of the Assessing Officer that the assessee failed to prove the shifting of wheat to Kandla Port under the custodianship of M/s. Rishi Shipping Corporation, in our view, is devoid of factual support. Furthermore, the Assessing Officer proceeded on a wrong assumption that the wheat could not be exported by M/s. PEC Ltd., as it was unfit for human consumption. Quite clearly, M/s. PEC Ltd., has admitted of ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et up by the assessee that the matter requires to be re-adjudicated by the Assessing Officer on the basis of the material on record. This plea of the appellant, in our view, is justified having regard to the material and evidence on record and the manner in which the findings have been recorded by the Assessing Officer. It has also been pleaded by the appellant and to which there is no negation from the side of the revenue that subsequent to the receipt of the reply of the assessee dated 26-12-2008, no show-cause notice appears to have been issued by the Assessing Officer intimating the points on the basis of which the claims of the assessee for loss was rejected by the Assessing Officer. In our view, had the Assessing Officer followed this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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