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TMI Blog2023 (2) TMI 1331X X X X Extracts X X X X X X X X Extracts X X X X ..... aised by the assessees before the Tribunal, Tribunal had remanded the appeals to the file of the assessing officer. In common order, Tribunal has held that assessing officer has to examine the assessee s fund position as well as the clinching issue as to whether the corresponding borrowings claimed to have been carrying no interest involving plotted land buyers, afresh and in light of all the evidence on wholesome basis only. We are afraid Tribunal was required to adjudicate on the grounds which were urged before it by the assessees/appellants. Remanding the matter in its entirety to the assessing officer has caused serious prejudice to the appellants in as much as even those reliefs which have been granted by the first appellate authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1961 (briefly referred to hereinafter as the Act ) assailing the common order dated 21.03.2022 passed by the Income Tax Appellate Tribunal, Hyderabad Bench A , Hyderabad (briefly referred to hereinafter as Tribunal ) disposing of the following appeals corresponding to the relevant assessment years: Sl.No. Appellant ITA No. Asst. Year 1. Dakshin Infrastructures Private Limited, Hyderabad. 651/Hyd/2020 2012-13 2. Kapil Property Developers Limited, Hanumakonda. 652/Hyd/2020 2013-14 3. Kapil Foods and Structures Private Limited, Warangal. 653/Hyd/2020 2012-13 654/Hyd/2020 2013-14 4. Nalgonda Realtors Private Limited, Secunderabad. 655/Hyd/2020 2012-13 656/Hyd/2020 2013-14 657/Hyd/2020 2017-18 5. Ujwala Publications and Developers Pvt. Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d true disclosure of all material facts necessary for assessment? 2. Whether the Tribunal misdirected itself in dealing with a contention based on Section 153-A read with Section 153- C of the Act as if the reassessment is challenged based on the material recovered at the time of search of a group concern? 3. Whether the Tribunal failed to appreciate that the reasoning given in appeal of Indur Developers and Agencies Private Limited (ITA No.672/Hyd/2020 dated 21.3.2022) formed the basis for decision in this appeal and hence, it cannot be construed as a concession by a group entity? 4. Whether the Tribunal was justified in remanding the matter for de novo examination to verify whether the borrowings and advances made by the appellant contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs under Section 147 of the Act. 8. However, we find from the order dated 21.03.2022 that instead of adjudicating on the grounds raised by the assessees before the Tribunal, Tribunal had remanded the appeals to the file of the assessing officer. In paragraph 46 of the common order, Tribunal has held that assessing officer has to examine the assessee s fund position as well as the clinching issue as to whether the corresponding borrowings claimed to have been carrying no interest involving plotted land buyers, afresh and in light of all the evidence on wholesome basis only. 9. We are afraid Tribunal was required to adjudicate on the grounds which were urged before it by the assessees/appellants. Remanding the matter in its entirety to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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