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TMI Blog2018 (8) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... ative of the appellant has filed an application before the Tribunal, for considering the documents placed, this Court is of the opinion that it is a fit and proper case where the matter is to be remanded for fresh consideration before the Tribunal to be taken up along with the application filed by the authorised representative of the appellant - Tax Case Appeal No. 376 of 2018 - - - Dated:- 24-7- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred and not taken on record is a perverse finding and contrary to the facts on record and overlooking the relevant material while upholding the denial of deduction in respect of loss arising on premature termination of securitization agreement on the ground of absence of supporting documents? 2.Whether on the facts and in the circumstances of the case and in law the Tribunal ought to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee before the Assessing Officer to substantiate their case nor any documents were placed before the Tribunal. 7.The learned counsel for the appellant would contend that the Chartered Accountants, who had appeared for the assessee before the Tribunal, have evidence to show that paper books were filed and they are duly acknowledged by the Tribunal. 8.Furthermore, the learned counsel s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.A.No.87/CHNY-2018. 10.As rightly pointed out by the learned Standing Counsel for the Revenue, the second substantial question of law, which has been raised by the assessee, is touching upon the merits of the case. 11.As pointed out earlier, we have not taken up the substantial questions law for consideration, as we are of the considered opinion that the matter requires to be heard afresh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that adequate grounds have been raised in the appeal before the Commissioner of Income Tax (Appeals) as well as the Tribunal with regard to the merits of the contention, which are sought to be supported by the documents filed in the paper books. 15.The Tribunal is directed to take note of the submissions on either side and take a decision in accordance with law. No costs. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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