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TMI Blog2020 (12) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... the findings on merits - HELD THAT:- Once the order of re-assessment was set aside, the Tribunal ought not have adjudicated the issues involved in the appeal on merits. There was no need for remanding the matter to the Assessing Authority. - Decided in favour of assessee. - I.T.A. NO.479 OF 2016 - - - Dated:- 8-12-2020 - HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T. NARENDRA PR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of deduction under section 35(1)(iv) of the Act? 2. The Tribunal was right in holding that expenses to the extent of ₹ 269,18,47,858/- incurred towards research and development is capital in nature? 3. The Tribunal was justified in not adjudicating on the correctness or otherwise of the disallowance made under Section 14A of the Act while computing the income under the normal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an amount of ₹ 20,00,000/- also was made and the aforesaid amounts were added back in computing the book profits under Section 115JB of the Act. 3. The assessee thereupon filed an appeal before the Commissioner of Income Tax (Appeals), who by an order dated 10.01.2014, partly upheld the order of assessment. The assessee as well as the revenue preferred appeals before the Income Tax App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allenged the findings recorded by the Tribunal in paragraph 9 of its order dated 31.05.2016 which has attained finality. 5. On the other hand, learned counsel for the revenue submitted that in view of the findings recorded in paragraph 9 of the order of the Tribunal, the findings recorded in subsequent paragraphs have been rendered academic and the order of remand passed by the Tribunal canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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