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TMI Blog2013 (12) TMI 1417X X X X Extracts X X X X X X X X Extracts X X X X ..... rading loss by invoking sub-section (1) of Section 145 of the Act - Provisions of sub-section (1) of Section 145 of the Act has rightly been invoked, the estimate of income has to be based on some materials - The Commissioner of Income Tax (Appeals) had taken into consideration various factors while accepting the burning loss shown by the appellant which in our considered opinion the Tribunal had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustified in following its own orders for he earlier years in the case of appellant and has not considered the issue involved on merit, specially letter/report of Joint Plant Committee dated 23.06.2000? (ii) Whether upon the facts and circumstances of the case, the Tribunal was justified in reversing the order of Commissioner of Income tax (Appeals), which has allowed the burning loss claimed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sues, afresh in accordance with law. The concluding paragraph of the judgment Court, in Income Tax Appeal No. 178 of 2000, is reproduced as follows:- "From a reading of the order of Tribunal we find that the Tribunal had not at all examined the various factors which were taken by the Commissioner of Income Tax (Appeals) in accepting the burning loss shown by the appellant. It had simply gone by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith law. We may mention here that the matter is being remanded on this limited issue. The appeals succeeds and allowed in part." 4. The Income Tax Appeal No. 178 of 2000, had arisen for the proceedings, relating to the Assessment Year 1989-90. In the instant case also (for the Assessment Year 1994-95), the same questions of law arise for consideration. 5. We do not find any good ground, to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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