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TMI Blog1967 (4) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... the Gift-tax Officer, Nagapattinam, considered this valuation to be extremely low and on the basis of local enquiries adopted the value of Rs. 1,200 per acre. The petitioner appealed to the Appellate Assistant Commissioner and the appellate authority accepted the assessee's valuation of Rs. 900 per acre. Against this last-mentioned decision, the department took the matter on further appeal to the Income-tax Appellate Tribunal, Madras Bench. This Tribunal, by an order which it described as a remand order, passed on 30th of October, 1964, referred to a cention put forward before it, that the sale deed on the basis of which the Appellate Assistant Commissioner had fixed the value of the land at Rs. 900 per acre, was really a will and that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here the Tribunal is of the opinion that the case should be remanded, it may remand it to the Appellate Assistant Commissioner or the Income-tax Officer with such directions as the Tribunal may think fit. According to the learned counsel for the petitioner, this rule would imply that the Income-tax Appellate Tribunal can remand a matter for fresh disposal only after setting aside the impugned decision, if it finds that relevant evidence had not been considered by the Appellate Assistant Commissioner. In other words, if the learned counsel's argument is to be accepted, the scope of the power of the Appellate Tribunal defined in section 23(5) of the Gift-tax Act, 1938, which says that the Appellate Tribunal, after giving the parties to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a specified point, and submit a finding on that point ; it is not a final disposal of the appeal by a remand. In our opinion, an interim order of this k ind which directs the lower authorities to take fresh evidence and submit a finding to the Tribunal pending the disposal of an appeal before the Tribunal will be entirely within the jurisdiction of the Appellate Tribunal, at it will fall within the scope of the power granted under section 23(5) of the Act, for the disposal of the appeal before it. Learned counsel for the petitioner referred us to a decision of a Bench of this court in Ramaswami Iyengar v. Commissioner of Income-tax. But the decision, we find after a reference to it, does not at all deal with the point now raised before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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