2024 (5) TMI 1302

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..... verse. Further the order of the Tribunal remanding the matter to the assessing officer is without expressing any opinion on merits of the case. The order of remand would not prejudice the interest of the revenue or the assessee. No substantial question of law would arise for consideration of this Court from the order of Tribunal.
HON'BLE MR JUSTICE S G PANDIT AND HON'BLE MR JUSTICE K V ARAVIND For the Appellants (By Sri. Y. V. Raviraj, Advocate) For the Respondent : None JUDGMENT K V ARAVIND, J., The above appeal is under Section 260A of the Income Tax Act, 1961 (for short 'Act'), by the Revenue aggrieved against the order passed by the Income Tax Appellate Tribunal (for short 'ITAT') in ITA No. 186/PAN/2018 for the asse .....

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..... s. 21,82,77,410/-. The assessment was selected for scrutiny by issuance of notice under Section 143 (2) of the Act. The assessee has claimed a sum of Rs. 20,95,29,352/- as deduction towards pit filling expenses on estimation at the rate of Rs. 106 per ton. The assessing officer by order of assessment dated 23.12.2016 disallowed the same, holding the expenses are unreasonable and not genuine in the absence of any reasonable, rational and scientific basis for estimation. 4. The assessee against order of assessment preferred appeal before the Commissioner of Income Tax (Appeals), Belagavi. The CIT(Appeals) by order dated 12.02.2018 allowed the appeal in part by estimating the pit filling expenses at Rs. 104 per ton. 5. The revenue being aggr .....

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..... f the statements recorded from the representatives of the assessee. The Appellate Commissioner has proceeded to estimate the expenses towards pit filling expenses. On appeal by the revenue, the Tribunal has arrived at a conclusion that the finding recorded by the CIT(A) in estimating the pit filling expenses is without any basis. The Tribunal further held that the pit filling expenses has to be reconsidered by the assessing officer after granting opportunity to the assessee. 9. The revenue is in appeal contending that, in view of the detailed order of assessment, order of remand to the assessing officer is unnecessary. The revenue in this appeal has not alleged or pleaded that the finding recorded by the Tribunal is perverse. Further the o .....

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