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TMI Blog2009 (8) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... t the reasons mentioned by the Tribunal for rejecting the conclusion for re-determination of issues are perverse. - 217 of 2009 (O&M) - - - Dated:- 11-8-2009 - ADARSH KUMAR GOEL and DAYA CHAUDHARY, JJ. Mr. Akshay Bhan, Advocate for the appellant. ORDER 1. The assessee has preferred this appeal under Section 260A of the Income Tax Act, 1961 (for short, "the Act") against the order dated 1.9.2008, Annexure A-4, passed by the Income Tax Appellate Tribunal, Amritsar in I.T. (SS) No.9 (ASR)/2002 for the assessment period from 1.4.1986 to 30.8.1996, proposing to raise questions of law mentioned in para 20 of the appeal. 2. Learned counsel for the appellant presses following questions:- "i) Whether in the facts and circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e following directions:- "45.1 However, we also give some guidelines in arriving at net profit rate. The net rate can be arrived at by applying N.P. rate accepted by the department in the case of the appellant or the NP rate shown by other concerns dealing in the same business or manufacturing items of the nature as manufactured by the appellant concern. The N.P. rate can also be arrived at by working out the income surrendered by the appellant as undisclosed income and other undisclosed assets found during the Block period by the AO. The AO, however, can work out the NP rate in accordance with the facts and circumstances of the case as well as material available on record, but he should give due opportunity of being heard to the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, questions sought to be raised are substantial questions of law. 8. No doubt, where material is enough, the appellate Court should normally determine the issue on merits, even if such issue has not been dealt with by the original authority. However, power of remand can be exercised when as a result of finding of the appellate authority, re-determination of issue becomes necessary. In the present case, on facts, the Tribunal held that it was necessary to have re-determination of assessment for the reasons mentioned in the impugned order. We are unable to hold that the reasons mentioned by the Tribunal for rejecting the conclusion for re-determination of issues are perverse. 9. Questions No.(i), (iii) and (vi) are, thus, not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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