9911796707
TMI Blog2016 (6) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the rival contentions, we find it appropriate to quash and set aside the impugned order of the ITAT and remand the matter to the learned Tribunal to re-examine the matter only on this limited aspect, after hearing the parties in accordance with law. It is, however, clarified that the matter is remanded only for the restricted purpose to examine whether the appellants are entitled to get the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... waives service. Heard forthwith with the consent of the learned Counsel. 3. Shri M. Pereira, learned Counsel appearing for the appellant, during the course of hearing, has vehemently argued that though the appellants have brought material on record before the learned Commissioner to establish that the appellants were entitled for deduction of the total loss claimed to the extent of ₹ 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed any material which has not been considered, the ITAT may re-examine the matter only on this aspect. 5. Upon hearing the learned Counsel appearing for the parties and taking note of the contentions raised by the respective parties, we find that there is no specific mention in the impugned order the manner of calculation of the amounts in terms of the explanation to Section 115 JB(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly allowed. (II) The impugned order dated 09/02/2015 passed by the Income Tax Appellate Tribunal, Panaji, Goa is partly quashed and set aside to the extent referred to herein above. (III) ITA No.292/PNJ/2014 is restored to the file of the learned Tribunal. (IV) The learned Tribunal shall re-examine the matter only in the light of the observations made herein above, after hear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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