2017 (8) TMI 40

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..... r its order dated 22nd October 2009 remitted the matter to the Assessing Officer with the limited directions to the Assessing Officer to exclude profit on sale of investments from income of the assessee liable to be taxed. Save and except the above, no further directions were given by the Tribunal empowering the Assessing Officer to reopen the whole assessment. In the earlier assessment order, the .....

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..... r 2002-2003. Mr.Malhotra, the learned counsel for the appellant, submits that the Tribunal was not justified in holding that assessee is exempted from applicability of provisions of Section 115JB in the order under appeal. The Tribunal was not correct in upholding the decision of the Commissioner of Income Tax (Appeals) that the Assessing Officer cannot bring to charge the total income in accordan .....

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..... ssioner and thereafter before the Tribunal. The Tribunal under its order dated 22nd October 2009 remitted the matter to the Assessing Officer with the limited directions to the Assessing Officer to exclude profit on sale of investments from income of the assessee liable to be taxed. Save and except the above, no further directions were given by the Tribunal empowering the Assessing Officer to reop .....

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