2017 (3) TMI 737

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..... HA J., ORDER This appeal is directed against the Judgment and order passed by the Income Tax Tribunal, 'C' Bench, Bangalore ('Tribunal' for short) in I.T.A. No. 350/Bang/2013 relating to the assessment year 2009-10, whereby for the reasons recorded therein, the matter is remanded to the Assessing Officer for proper verification, examination and re-adjudication of the issue.   2. The appell .....

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..... ings and the same were let out on rent against which no rental income was declared by the Assessee from these let out buildings. The A.O. worked out the assessee's share at 26% of the total gross rent received from the entire built up area amounting to Rs. 3,35,82,700/- and the same was subjected to tax. The Assessee challenged the action of the A.O. before the CIT(A). The CIT(A) accepted the subm .....

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..... ssessee. This order is challenged by the Assessee under Section 260-A of the Income tax Act, 1961. 3. Heard the learned counsel Sri. Chaithanya. K.K, appearing for the appellant and Sri. K.V. Aravind, learned counsel appearing for the respondents. 4. The substantial question of law that arises for decision before this Court is: "Whether in the facts and circumstances of the case, the Tribuna .....

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..... ld submit that these observations made in the order of the Tribunal would influence the A.O. while reconsidering the issue. However, learned counsel for the revenue supports the impugned Judgment and order. 6. It is trite that the Tribunal has discretionary power to remand the matter to the A.O. for fresh consideration. However, any observation made by the Tribunal while remanding the matter for .....

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..... y are expunged. 7. Hence, the substantial question of law formulated above, is answered in favour of the Assessee and against the revenue. The matter is remanded to A.O. to reconsider the same afresh in accordance with law, without being influenced by any of the observations made by the Tribunal, in any manner whatsoever.   Appeal stands allowed in terms of the above. No order as to cost .....

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