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TMI Blog2019 (4) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... 'question of law', if any, before the Assessing Officer, even with reference to Section 35D. No prejudice is caused in any manner. That apart, in so far as no finding has been rendered by the Tribunal as to the applicability of Section 35D , it cannot be said that the appeal involves any 'substantial question of law' so as to call for interference of this Court in exercise of the power under Section 260A of the Income Tax Act. - I.T.A.No.1099 of 2009 - - - Dated:- 5-2-2019 - Mr. P.R.Ramachandra Menon And Mr. N.Anil Kumar, JJ. Sri.Christopher Abraham, Income Tax Department For The Appellant. Sri.Binu Mathew Sri.B.J.John Prakash Sri.Joseph Kodianthara (SR.) Sri.K.M.V.Pandalai, Income Tax Department Sri.Mathews ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of the wording for making the payment towards the whole or part of the cost of the asset obtained in Sec.43A is not the order of the Tribunal against law. 2. Heard Sri.Christopher Abraham, the learned Standing Counsel for the appellant as well as Sri.Joseph Markos, the learned Senior Counsel appearing for the respondent/assessee. 3. The sequence of events disclosed from the proceedings is that the assessee filed return for the assessment year 1994-95 on 30.11.1994, followed by a revised return on 29.3.1996. The assessment was completed in terms of Section 143(3) of the Income Tax Act ('Act' in short) by the Assessing Officer as per Annexure-A order. The assessee sought to challenge the same by filing an appeal before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly. The finding and reasoning given by the Assessing Officer was upheld by the Commissioner of Appeals vide Annexure-B order and this made the assessee to have it challenged by way of further appeal before the Tribunal. The matter was considered and the proper course to have it shown as capital in nature was affirmed by the Tribunal. However, it was observed that it was never examined by the authorities whether it would still come within the purview of Section 35D of the Income Tax Act, so as to have the benefit extended to the assessee. It was in the said circumstance, that the Tribunal thought it fit and proper to have the matter remanded to the Assessing Officer for consideration in the above line. This made the Revenue to feel agg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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