9911796707
TMI Blog2008 (11) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... . Chandran for R. Natarajan for the appellant. Mrs. Pushya Sitaraman for the respondent. JUDGMENT The judgment of the court was delivered by MRS. PRABHA SRIDEVAN J.— The question of law raised in these tax case appeals is as follows "Whether in an assessment proceedings particularly under section 148 of the Income-tax Act, 1961, mere suspicions, surmises and conjectures on the part of the Assessing Officer in denying the set off of losses of business income without considering the weight of evidence submitted before it is sufficient for the Tribunal to remit the matter back for fresh ascertainment of facts when all the materials were available before it on record?" 2. The learned senior counsel appearing for the appellant would submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of verification of some mistakes and, therefore, the finding of the Tribunal that the appellate authority had not gone into the relevant details is not correct. 7. On the other hand, the learned senior standing counsel Mrs. Pushya Sitaraman appearing for the respondent would submit that the evidence was before the Assessing Officer, as seen from paragraphs 6.2 to 6.5 paragraphs of the order passed toy the Commissioner of Income-tax (Appeals), which reads as follows: "6.2. The appellant's representative also objected to the Assessing Officer's statement that no evidence in regard to the sale of scrap was furnished. It was stated in the written submission that the scrap of the mould was sold to the same person during both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o need for the company to incur any expenditure prior to commencement of this activity or to capitalise any of the expenditure items claimed. 6.5. The appellant's representative also filed copies of quotations submitted by the appellant-company to the other company along with the drawings and purchase orders issued by the other; company in respect of the two moulds to be supplied by the appellant-company" 8. The Tribunal has not set aside the findings of the appellate authority and remitted the entire issue to the file of the Assessing Officer. The Tribunal had merely contented itself by saying that neither the Assessing Officer nor the appellate authority had examined the relevant details and that it is not clear whether the records were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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