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TMI Blog2018 (10) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... o find that the Tribunal has not discussed and gone into the question of disallowance under Section 40(a)(ia) of the Act on royalty, an aspect/question mentioned and referred to by the Commissioner of Income Tax in his order under Section 263. Assessee fairly states that the order of the Tribunal to this extent may be set aside and remanded for fresh consideration. We accept the said statement. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellant-Revenue and the respondent-assessee in this appeal, which pertains to Assessment Year 2007-08 and arises from the order of the Income Tax Appellate Tribunal (Tribunal, for short) dated 7th November, 2017. The impugned order passed by the Tribunal in paragraph 6 sets aside the order passed by the Commissioner of Income Tax (Appeals) under Section 263 of the Income Tax Act, 1961 (Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a second opinion which is not permissible under the Act. 2. Counsel for the respondent-assessee states that the issue of royalty was examined by the Assessing Officer and, therefore, the findings recorded by the Commissioner of Income Tax in his order under Section 263 of the Act are factually incorrect. However, we find that there is no discussion on the said aspect in the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax in his order under Section 263 of the Act and submission of the respondent-assessee. We also observe that we have not examined these aspects on merits and leave it to the Tribunal to examine the issues. 5. We are, however, not inclined to pass any order of remit on the question of inclusion of interest on the FDRs. The addition made on the said account has been deleted in earlier asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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