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TMI Blog2018 (7) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessment has been decided in favour of the assessee on merits. We also note that adjudication of issue raised on validity of reopening need reference to factual records which are not available before us. CIT(A) has decided one issue and has left undecided another issues duly raised before him. Hence, we are of the considered opinion that these issues relating to validity of reopening were duly raised, which have been left undecided by the ld. CIT(A) and need to be remitted to the file of the ld. CIT(A). Appeal allowed for statistical purposes. - I.T.A. No.6098/Mum/2016 And C.O. No.63/Mum/2018 - - - Dated:- 2-7-2018 - SHRI SHAMIM YAHYA, AM AND SHRI SANDEEP GOSAIN, JM For The Revenue : Dr. K. Shivaram And Ms. Neelam C. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before him was not acted upon. At the same time the assessee neither expressed inability to produce the parties / investors nor requested the Assessing Officer to summon them directly. 3. On the facts and circumstances of the case and in law, Ld.CIT(A) failed to appreciate that the ratio of decisions relied upon by him were not applicable to the case of assessee company due to distinguishable fact and instead the ratio of decision of Hon'ble Delhi High Court in the case of Nova Promoters and Finlease (P) Ltd. will be applicable to the case of assessee. 4. The appellant prays that the order of the CIT(A) on the above ground be set aside and that of the A.O. be restored. 3. The grounds raised by the assessee in cross objection re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. At the outset, it is noted that there is a delay of 22 days in filing the cross objection. It has been pleaded that delay is attributed due to the mistake on the part of assessee s Chartered Accountant. Similar grounds as here have also been raised by the assessee under rule 27 of the ITAT Rules. Upon careful considering of the reasonable cause for the delay we condone the same. 6. We first take up on assessee's grounds raised in cross objection and under rule 27 of ITAT: Here the assessee s plea is that in this case the ld. Commissioner of Income Tax (Appeals) has erred in not dealing the issue pertaining to validity of reopening, however, he decided the issue upon merits in favour of the assessee. We note that the ld. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed the cross objection as well as the objection under rule 27 before the ITAT. 9. We find that the Hon ble Madras High Court in the case of CIT vs Ramdas Pharmacy [1970] 77 ITR 276 (Mad) had expounded that an appellate authority cannot decide only one issue arising out of many issues and decline to go into the other issues raised before it on the ground that further issues will not arise in view of the finding on the issue decided by it. It was expounded that if the appellate authority declines to consider and decide the other issues, it could only protract and delay the proceedings for the assessee has to get the decision of the appellate authority on the initial point set aside by approaching a higher appellate authority and thereaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not adjudicated by the ld. Commissioner of Income Tax (Appeals) as raised in the cross objection hereinabove are remitted to the file of the ld. Commissioner of Income Tax (Appeals). The ld. Commissioner of Income Tax (Appeals) shall decide the same afresh after giving the assessee proper opportunity of being heard. In view of our order remitting the aforesaid issues to the file of the ld. Commissioner of Income Tax (Appeals) so as to complete his order, the other issues raised in these appeals are not being adjudicated. 12. Both the counsel fairly agreed to the above proposition. 13. In the result, the Revenue s appeal and the assessee s cross objection are allowed for statistical purposes. Order pronounced in the open court on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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