Ita/118/2002 Of M/S.kesav Cashew Company v. Commissioner Of Income Tax,Tvm

PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 ITA.No. 118 of 2002() --------------------- ITA.18/COCH/1995 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT: ----------------- M/S.KESAV CASHEW COMPANY, EXPORTERS & IMPORTERS, KOLLAM-4, REPRESENTED BY ITS MANAGING PARTNER, SHRI K.YESODARAN. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN RESPONDENTS: RESPONDENT/REVENUE ------------------------------- THE COMMISSIONER OF INCOMETAX, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE K. GEORGE, SC FOR IT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -------------------------------------------- I.T.A. No. 118 OF 2002 -------------------------------------------- Dated this the 14th day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. This appeal is against the remand order of the Tribunal. Ongoing through the questions framed at the time of issue of notice, wefind the assessee apprehends that in view of the observations of theTribunal the addition will be sustained if the assessee does not proveit's case in terms of the observations of the Tribunal. However, we areof the view that the assessee will have a case only if the assessingofficer sustains the demand in fresh proceedings to be completed asdirected by the Tribunal. We therefore dismiss the appeal, but leavingopen to the assessee to raise all objections and with direction to theassessing officer to decide the matter afresh without treating theTribunal's observations as findings. (C.N.RAMACHANDRAN NAIR)Judge. (T.R.RAMACHANDRAN NAIR) Judge.